KERN v. ART SCHIMKAT CONSTRUCTION CO.

No. 8016.

125 N.W.2d 149 (1963)

Gordon KERN, Plaintiff and Respondent, v. ART SCHIMKAT CONSTRUCTION CO., Inc., a South Dakota Corporation, Defendant, Third-Party Plaintiff, and Appellant, v. Cale DICKEY, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

December 18, 1963.


Attorney(s) appearing for the Case

Anderson & Wolf, Bismarck, for plaintiff and respondent.

Conmy & Conmy, Bismarck, for defendant, third-party plaintiff, and appellant.

Zuger, Zuger & Bucklin, Bismarck, for third-party defendant and respondent.


STRUTZ, Judge (on reassignment).

This is an action for damages for personal injuries suffered by the plaintiff when the car in which he was riding, owned by him and operated by the third-party defendant, Dickey, was driven into a dropoff in the highway. The record discloses that the plaintiff, who is chief of police of the city of Bismarck, wanted to sell his 1958 Cadillac automobile. On the evening of September 23, 1959...

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