LINDBERY v. J.A. DANENS & SON, INC.

No. 38,918.

266 Minn. 420 (1963)

123 N.W. (2d) 695

MARGARET LINDBERY, TRUSTEE FOR NEXT OF KIN OF ROBERT EDWARD LINDBERY, v. J.A. DANENS & SON, INC., AND ANOTHER.

Supreme Court of Minnesota.

October 4, 1963.


Attorney(s) appearing for the Case

Iverson, Coulter & Nelson and Irving C. Iverson, for appellant.

Meagher, Geer, Markham & Anderson, M.J. Coyne, and O.C. Adamson II, for respondents.


OTIS, JUSTICE.

This is an action for death by wrongful act1 brought against defendant Edward McMahon as driver and defendant J.A. Danens & Son, Inc., as owner of a truck which struck decedent, Robert Edward Lindbery, while he was standing on an excavation site waiting for his own vehicle to be loaded.

The jury rendered special verdicts finding the driver, McMahon, liable and awarding the trustee damages in the sum of $25,000...

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