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HENKE v. PEYERL

No. 7746.

89 N.W.2d 1 (1958)

Elmer HENKE, Plaintiff and Respondent, v. Xavier PEYERL, Charles Williams and Rue Contracting Company of Fargo, North Dakota, a corporation, Defendants and Appellants.

Supreme Court of North Dakota.

March 18, 1958.

Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for appellants Williams and Rue Contracting Co.

Traynor & Traynor, Devils Lake, for appellant Peyerl.

Erickstad & Foughty, Devils Lake, for respondent.

JOHNSON, Judge.

This is an action for wrongful death under Chapter 32-21, NDRC 1943, brought by Elmer Henke, the father of Susan Henke, a girl 13 years of age, who died on June 11, 1956, as a result of injuries received in an automobile collision between the defendants, Xavier Peyerl and Charles Williams, which occurred at the intersection of Highways No. 2 and 20 on the evening of June 9, 1956, at about 11:30 p. m. The plaintiff's action against the defendant Peyerl...

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