DUBOIS v. CLARK

No. 37,379.

253 Minn. 556 (1958)

93 N.W. (2d) 533

MARY VIOLET RITA DUBOIS, BY HER GUARDIAN AD LITEM, FRANCIS DUBOIS, v. EZRA E. CLARK.

Supreme Court of Minnesota.

November 28, 1958.


Attorney(s) appearing for the Case

Stanley J. Mosio, for appellant.

Merlyn C. Green and Bundlie, Kelley & Maun, for respondent.


THOMAS GALLAGHER, JUSTICE.

Action for personal injuries in which plaintiff received a verdict of $5,300. This is an appeal from an order setting aside the verdict and granting defendant a new trial solely on the ground of errors of law arising out of defendant's closing argument and certain of the court's instructions as follows:

By Mr. Green (defendant's counsel): "* * * Dr. Mateo [plaintiff's attending physician] says he referred this girl to Dr. Frank Babb...

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