BEHNKEN v. SMOLNIK

No. 35,530.

235 Minn. 315 (1951)

ALLENE M. BEHNKEN v. VINCENT RICHARD SMOLNIK.

Supreme Court of Minnesota.

December 28, 1951.


Attorney(s) appearing for the Case

F.J. O'Brien, R.V. Ehrick, and John Ott, for appellant.

A.H. Clemens and Holst, Erickson & Vogel, for respondent.


MAGNEY, JUSTICE.

On January 2, 1950, about 12:30 or 1 p.m., William J. Behnken was driving his 1949 Studebaker south on U.S. highway No. 52. Defendant, Vincent Richard Smolnik, was driving his 1950 Buick north on said highway. At a point nine miles south of Cannon Falls the vehicles collided. Behnken was killed, and Smolnik was seriously injured. Plaintiff, as administratrix of Behnken's estate, brought suit against Smolnik, who counterclaimed. The jury returned a...

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