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KIPP v. JALBERT

No. 7943.

110 N.W.2d 825 (1961)

Nicklos KIPP, Plaintiff and Respondent, v. Russell JALBERT, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 11, 1961.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for plaintiff-respondent.

Greenwood & Swanson, Dickinson, for defendant-appellant.

TEIGEN, Judge.

In this case the plaintiff, a carpenter, brought suit against the defendant, a farmer, to recover damages for injuries received as a result of the collapse of rafters of a barn in the process of being dismantled. The plaintiff alleges negligence and also statutory liability as an uninsured employer under the Workmen's Compensation Act, Section 65-09-01, NDCC.

The case was tried to the court without a jury. The court found in favor of the plaintiff...

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