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SCHMITT v. NORTHERN IMPROVEMENT COMPANY

No. 7985.

115 N.W.2d 713 (1962)

Henry H. SCHMITT and Sophia Schmitt, Harry L. Kent and Ann Kent, and Harry S. Stevens and Albina R. Stevens, Plaintiffs and Respondents, v. NORTHERN IMPROVEMENT COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

June 11, 1962.

Attorney(s) appearing for the Case

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for defendant and appellant.

Rausch & Chapman, Bismarck, for plaintiffs and respondents.

TEIGEN, Judge.

Henry H. and Sophia Schmitt, Harry L. and Ann Kent, and Harry S. and Albina R. Stevens, joined in one action as plaintiffs asserting the right to relief severally upon a claimed right arising out of the same occurrence against the defendant, Northern Improvement Company. The action was instituted to recover damages to the plaintiffs' respective homes alleged to have been caused by the negligent breaking of street pavement adjacent to their respective...

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