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KUNTZ v. McQUADE

No. 7813.

95 N.W.2d 430 (1959)

Joseph A. KUNTZ, and Joseph A. Kuntz as guardian ad litem for Ervin David Kuntz, a minor, Plaintiffs and Appellants, v. Samuel W. McQUADE, d/b/a McQuade Distributing Co., and the Minneapolis Brewing Company, a foreign corporation, Defendants and Respondents.

Supreme Court of North Dakota.

February 19, 1959.

Attorney(s) appearing for the Case

Murray & Rosenberg, Bismarck, for appellants.

Strutz, Jansonius & Fleck, Bismarck, for respondent Samuel W. McQuade.

Cox, Pearce & Engebretson, Bismarck, for respondent, Minneapolis Brewing Co.

TEIGEN, Judge.

The plaintiff for himself and as guardian ad litem of his fourteen year old son, brought this action against the defendants for personal injuries sustained by his son as a result of the explosion of a bottle of beer. The case was tried to a jury. The jury returned a verdict in favor of the defendants dismissing the plaintiffs' cause of action. The plaintiffs moved for a new trial in the District Court which was denied, and the plaintiffs have now appealed...

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