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MICHAELSOHN v. SMITH

No. 7932.

113 N.W.2d 571 (1962)

W. E. MICHAELSOHN and Austin D. Michaelsohn, by his next friend, W. E. Michaelsohn, Plaintiffs, W. E. Michaelsohn, Plaintiff and Respondent, v. Basil Wayne SMITH, Defendant and Appellant.

Supreme Court of North Dakota.

February 15, 1962.

Attorney(s) appearing for the Case

Nilles, Oehlert & Nilles, Fargo, for appellant.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for respondent.

BURKE, Judge.

In this action plaintiff, W. E. Michaelsohn, sued in his own behalf, and as next friend, in behalf of his minor son, Austin D. Michaelsohn, for damages which he alleged were proximately caused by the negligence of the defendant, Smith. The defendant answered, denying any negligence on his part, alleging contributory negligence on the part of Austin Michaelsohn, and counterclaiming for damages which he alleged were proximately caused by the negligence...

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