AUSTINSON v. KILPATRICK

No. 7835.

105 N.W.2d 258 (1960)

Sylvla AUSTINSON, Plaintiff and Respondent, v. Robert KILPATRICK and Sherriff's Ltd., Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied October 3, 1960.


Attorney(s) appearing for the Case

Day, Stokes, Vaaler & Gillig, Grand Forks, for defendants and appellants.

W. T. DePuy, Grafton, for plaintiff and respondent. Lyman Brink, Hallock, Minn., and Olson & Holmquist, Warren, Minn., of counsel.


BURKE, Judge.

Plaintiff brought this action to recover damages resulting from the death of her husband. In her complaint she alleged that her husband's death was proximately caused by the negligent operation of a motor vehicle by the defendant, Kilpatrick. She joined Sherriff's Ltd. as a party defendant and alleged that, at the time of the negligent operation of the motor vehicle by Kilpatrick, he was an employee of Sherriff's Ltd. and acting within the scope of such...

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