McGOVERN v. LUTZ

No. 36,227.

242 Minn. 397 (1954)

JAMES McGOVERN, A MINOR, BY HIS FATHER AND NATURAL GUARDIAN, DONALD J. McGOVERN, v. BASIL LUTZ AND ANOTHER.

Supreme Court of Minnesota.

June 25, 1954.


Attorney(s) appearing for the Case

Richards, Janes, Hoke, Montgomery & Cobb, Greer E. Lockhart, and Crane Winter, for appellant.

Benedict S. Deinard, for respondent.


KNUTSON, JUSTICE.

Appeal from an order of the district court of Hennepin county granting plaintiff's motion to vacate, annul, and set aside the court's previous order of September 20, 1948, approving a settlement of this case.

On July 10, 1947, James McGovern, who was then seven years of age, was injured at the intersection of Fortieth street and Nicollet avenue in Minneapolis when he was struck by a car driven by defendant Basil Lutz. He was riding on the...

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