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BARTA v. HONDL

No. 8042.

118 N.W.2d 732 (1962)

Catherine BARTA, Plaintiff and Respondent, v. Frank HONDL, Defendant and Appellant, and Frank J. Miller, Defendant and Respondent.

Supreme Court of North Dakota.

December 27, 1962.

Attorney(s) appearing for the Case

W. Francis Reichert, Dickinson, for plaintiff and respondent Catherine Barta.

Greenwood & Swanson, Dickinson, for defendant and appellant Frank Hondl.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for defendant and respondent Frank J. Miller.

STRUTZ, Judge.

This is an action in which the plaintiff seeks to recover damages alleged to have been suffered by her because of the death of her husband, whose injury and death, she alleges, were proximately caused by the gross negligence of the defendant Hondl and by the ordinary negligence of the defendant Miller. The defendant Hondl denies gross negligence on his part, and alleges that the accident was caused solely by the negligence of the defendant Miller; while...

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