BURDELL v. ASH

No. 7960.

116 N.W.2d 634 (1962)

Robert BURDELL, Plaintiff and Respondent, v. Mylon Elmer ASH, Third-Party Plaintiff and Respondent, v. SPIELMAN IMPLEMENT AND CHEVROLET COMPANY, Defendant and Appellant, v. John BUSCH, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

August 17, 1962.


Attorney(s) appearing for the Case

Anderson & Wolf, Bismarck, for defendant and appellant.

McGee, Van Sickle & Hankla, Minot, for plaintiff and respondent.

Drey & Schwartz, Garrison, for defendant third-party plaintiff and respondent.

Higgins & Murphy, Bismarck, for third-party defendant and respondent.


BURKE, Judge.

Plaintiff sued the defendants Mylon Ash and Spielman Implement and Chevrolet Company for damages arising out of a collision of two automobiles, one of which was being driven by plaintiff's grandson and the other of which was being driven by Mylon Ash. It was alleged that the damages to plaintiff's car were proximately caused by Ash's negligence. Spielman Implement and Chevrolet Company was joined as a defendant upon the theory that Ash was an employee...

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