HINZ v. NORTHLAND MILK & ICE CREAM CO.

No. 35,768.

237 Minn. 28 (1952)

OSCAR H. HINZ v. NORTHLAND MILK & ICE CREAM COMPANY.

Supreme Court of Minnesota.

May 16, 1952.


Attorney(s) appearing for the Case

Robb, Robb & Van Eps and William M. Robb, for appellant.

Gordon E. Simons, for respondent.


MATSON, JUSTICE.

Appeal from an order denying defendant's motion to open a default judgment.

Plaintiff brought an action in the Minneapolis municipal court to recover damages for the negligent killing of his Chesapeake dog by one of defendant's trucks. The summons and complaint, which were served on December 17, 1951, were forwarded by defendant to its insurer on December 20, 1951. The insurer mislaid the papers, with the result that they were not forwarded...

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