LeMIRE v. NELSON

No. 35,801.

238 Minn. 501 (1953)

GERALD T. LeMIRE, SPECIAL ADMINISTRATOR, SUBSTITUTED FOR PETER BRILL, DECEASED, v. EINER NELSON.

Supreme Court of Minnesota.

March 13, 1953.


Attorney(s) appearing for the Case

Richards, Janes, Hoke, Montgomery & Cobb, for appellant.

F.L. Palarine, for respondent.


LORING, CHIEF JUSTICE.

This is an action for personal injuries resulting from an automobile accident, which plaintiff claims was due solely to the negligence of defendant. The accident occurred at 3 p.m. on a Sunday afternoon. It appears that at the time of the accident plaintiff was attempting to get some gasoline from the gas tank of his parked auomobile in order to clean his windshield, which had become heavily frosted. Defendant, who was driving in the same direction...

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