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TOUSLEY v. HOWE

No. 38,573.

263 Minn. 366 (1962)

116 N.W. (2d) 590

FRANK TOUSLEY v. EDWIN HOWE, A MINOR, BY EDWIN HOWE, SR., HIS GUARDIAN AD LITEM.

Supreme Court of Minnesota.

August 3, 1962.

Attorney(s) appearing for the Case

Earl L. Johnson, for appellant.

Oppenheimer, Hodgson, Brown, Baer & Wolff, David C. Donnelly, and John D. Healy, Jr., for respondent.

NELSON, JUSTICE.

Plaintiff, Frank Tousley, was injured while hunting when a shotgun which defendant, Edwin Howe, a minor, was allegedly holding or manipulating accidentally discharged. Plaintiff commenced suit against defendant by service of a summons and complaint on March 2, 1961. Thereafter, Edwin Howe, Sr., was appointed guardian ad litem upon application of the plaintiff. His oath and consent was filed May 19, 1961, from which time defendant was given an additional...

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