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RETTLER v. EBRECK

Nos. 7401, 7402.

71 N.W.2d 759 (1955)

Viola RETTLER, Plaintiff and Respondent, v. John EBRECK, Defendant and Appellant. Irene BIGLEY, Plaintiff and Respondent, v. John EBRECK, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 26, 1955.

Attorney(s) appearing for the Case

Quentin N. Burdick, Fargo, for defendant and appellant.

E. A. Tannas, Crosby, Duffy & Haugland, Devils Lake, for plaintiffs and respondents.

BURKE, Chief Justice.

These actions were instituted for the purpose of recovering for damages suffered by the plaintiffs in a collision between an automobile, owned and operated by the defendant, and a caterpillar tractor. At the time of the collision plaintiffs were passengers in defendant's car and their complaints alleged that their injuries were proximately caused by the gross negligence of the defendant. In his answers the defendant denied any negligence on his...

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