SLINKER v. WALLNER

No. 37,919.

258 Minn. 243 (1960)

103 N.W. (2d) 377

MILDRED SLINKER, TRUSTEE FOR NEXT OF KIN OF DARYLE AHLSTRAND, v. LEO D. WALLNER AND OTHERS.

Supreme Court of Minnesota.

June 10, 1960.


Attorney(s) appearing for the Case

Friedman & Friedman, for appellant.

Nye, Montague, Sullivan & McMillan and Edward T. Fride, for respondent Wallner.

Lewis, Hammer, Heaney, Weyl & Halverson, for respondents Oreck and Duluth Teachers Retirement Fund Association.


KNUTSON, JUSTICE.

This is an appeal from a judgment entered pursuant to a verdict directed by the trial court on defendants' motion at the close of plaintiff's case. The only question presented here is whether the evidence was insufficient to present a jury issue on liability.

The action was brought to recover for the wrongful death of Daryle Ahlstrand, age 6, by drowning when he fell into the bay at Duluth.

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