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SULLWOLD v. HOGER

No. 7893.

110 N.W.2d 457 (1961)

Ray SULLWOLD, Plaintiff and Respondent, v. Max HOGER, Defendant and Third-Party-Defendant, Appellant, v. Milton WAGNER, Third-Party-Defendant.

Supreme Court of North Dakota.

September 5, 1961.

Attorney(s) appearing for the Case

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for plaintiff and respondent.

Conmy, Donahue & Conmy, Bismarck, for defendant and appellant.

LUNDBERG, District Judge.

This is an appeal from an order granting a new trial. The original action was one arising out of an automobile accident. At the trial thereof the jury returned a verdict for the defendant, and on this a judgment of dismissal with costs was entered. The following day the plaintiff made his motion for a new trial on the ground that the verdict was against the weight of the evidence, but giving no particulars and no specifications, and on the...

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