SHUMWAY v. NELSON

No. 37,918.

259 Minn. 319 (1961)

107 N.W. (2d) 531

RAYMOND L. SHUMWAY, TRUSTEE FOR HEIRS OF LORRAINE ELIZABETH SHUMWAY ADSERO, v. E.O. NELSON, SPECIAL ADMINISTRATOR OF ESTATE OF MARSHALL K. ADSERO.

Supreme Court of Minnesota.

January 27, 1961.


Attorney(s) appearing for the Case

Carroll, Thorson, Anderson & Cronan, Herbert C. Davis, and Nilles, Oehlert & Nilles, for appellant.

Norman H. Nelson, for respondent.


DELL, CHIEF JUSTICE.

This is an action to recover damages for death by wrongful act. Defendant appeals from an order denying his motion for judgment on the pleadings or, in the alternative, for summary judgment.

On November 1, 1958, Mr. and Mrs. Marshall K. Adsero were both killed when the automobile in which they were riding struck a bridge abutment on Highway No. 10 near Glyndon, Minnesota. This action was brought under Minn. St. 573.02 for the death of...

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