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DAIGLE v. TWIN CITY READY MIX CONCRETE CO.

No. 39,080.

268 Minn. 136 (1964)

128 N.W. (2d) 148

JOSEPH A. DAIGLE v. TWIN CITY READY MIX CONCRETE COMPANY.

Supreme Court of Minnesota.

May 1, 1964.

Attorney(s) appearing for the Case

Paul A. Skjervold, for appellant.

Meagher, Geer, Markham & Anderson, R.D. Blanchard, and O.C. Adamson II, for respondent.

THOMAS GALLAGHER, JUSTICE.

Action for damages for personal injuries arising out of an automobile accident. The jury returned a verdict in defendant's favor and this appeal is taken from an order denying plaintiff's subsequent motion for a new trial. The sole contention here is that the trial court erred in instructing the jury on the issue of contributory negligence and proximate cause in the following language:

"Contributory negligence is negligence on the...

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