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COSE v. TOWNER COUNTY

No. 7795.

102 N.W.2d 538 (1959)

Vivian COSE, Plaintiff and Respondent, v. TOWNER COUNTY, a Public Corporation, and Roy Peterson, Defendants and Appellants.

Supreme Court of North Dakota.

On Rehearing May 2, 1960.

Attorney(s) appearing for the Case

Traynor & Traynor, Devils Lake, for appellants.

Duffy & Haugland, Devils Lake, for respondent.

BURKE, Judge.

This is an action for wrongful death. Plaintiff's decedent met his death in a collision between a car driven by him and a caterpillar propelled road maintainer operated by the defendant, Roy Peterson, as an employee of the defendant, Towner County. At the trial of the case, questions of negligence and contributory negligence were submitted to the jury. The jury returned a verdict against both defendants and judgment was entered on the verdict. After...

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