PLUWAK v. LINDBERG

No. 39206.

130 N.W.2d 134 (1964)

Paul PLUWAK, Appellant, v. Ernest T. LINDBERG, Defendant and Third-Party Plaintiff, Respondent, and Anthony TRUPIANO, Third-Party Defendant.

Supreme Court of Minnesota.

Rehearing Denied October 1, 1964.


Attorney(s) appearing for the Case

Daniel B. Gallagher, Waseca, for appellant.

Tyrrell, Jardine, Logan & O'Brien, Raymond W. Fitch, St. Paul, for respondent.


KNUTSON, Chief Justice.

This is an appeal from an order of the trial court denying plaintiff's motion for an amendment of the jury's special verdict and the entry of judgment in his favor or for a new trial.

The action arose out of a rear-end collision. On November 10, 1961, at about 5:20 p. m., plaintiff and defendant were driving their cars north on Highway No. 65. It was then dark and they were driving with lights on. The pavement of the highway was dry...

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