MORRIS, Judge.
This opinion embraces two actions brought against the City of Minot arising out of a single set of facts and circumstances. In one action the Trinity Hospital Association seeks to recover for services rendered to LeRoy Githens who was fatally wounded by a police officer of the city on March 11, 1951. Doctors J. L. Devine, Sr., J. L. Devine, Jr., and W. B. Huntley, as partners, seek to recover for
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