LEVI v. MONTGOMERY

No. 8056.

120 N.W.2d 383 (1963)

Gary LEVI, a Minor, by Clara Levi, Mother and Guardian ad Litem, and Clara Levi, Individually, Plaintiffs and Respondents, v. Elmer MONTGOMERY and Grand Forks Implement Company, a Corporation, Defendants, and Elmer Montgomery, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 21, 1963.


Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for plaintiffs and respondents.

Letnes & Hansen, Grand Forks, for defendant and appellant.


STRUTZ, Judge.

The plaintiff, Gary Levi, a minor of the age of fourteen years, was employed by the defendant Elmer Montgomery as a farm laborer for general farmwork. His father also was employed by the defendant. On the morning of the day on which the plaintiff's alleged cause of action arose, the father had gone out to cultivate with a tractor which the defendant Montgomery had purchased from the defendant Grand Forks Implement Company about one month previously...

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