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MOSIMAN v. RAPACZ

No. 37,104.

250 Minn. 464 (1957)

84 N.W. (2d) 898

ELSIE C. MOSIMAN v. JOHN W. RAPACZ AND ANOTHER. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD., THIRD-PARTY DEFENDANT.

Supreme Court of Minnesota.

August 16, 1957.

Attorney(s) appearing for the Case

Mahoney & Mahoney, for appellant.

Carroll, Thorson, Anderson & Cronan, Kleve J. Flakne, and Thomas J. Burke, for respondent.

THOMAS GALLAGHER, JUSTICE.

This action was first instituted by Elsie C. Mosiman, hereafter referred to as plaintiff, against John W. Rapacz and Barbara Rapacz, his wife, for damages sustained as the result of her falling on October 9, 1951, through a defective railing on the second floor of their premises at 1229 Washington Avenue North, Minneapolis.

Therein, John W. Rapacz, hereafter referred to as third-party plaintiff,

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