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KONKEL v. ERDMAN

No. 37,257.

254 Minn. 307 (1959)

95 N.W. (2d) 73

FRANK KONKEL v. JACK ERDMAN.

Supreme Court of Minnesota.

February 13, 1959.

Attorney(s) appearing for the Case

Hvass, Weisman, Peterson, King & Schwappach and Roy A. Schwappach, for appellant.

Freeman, Peterson, Hoppe & Gaughan and Robert L. Hoppe, for respondent.

FRANK T. GALLAGHER, JUSTICE.

Appeal from an order of the district court denying plaintiff's motion for a new trial.

On the night of February 14, 1955, plaintiff, aged 58 years, left the auditorium in Minneapolis at about 11 p.m. to go to his home in that city. He walked easterly on Grant Street to Fourth Avenue South to catch a bus. When he arrived there, he stood at the bus stop for a few minutes, but when no bus...

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