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DORNACK v. BARTON CONSTRUCTION COMPANY

No. 39630.

137 N.W.2d 536 (1965)

Florence L. DORNACK and Charles Dornack, Plaintiffs, v. BARTON CONSTRUCTION COMPANY, Inc., Respondent. Marian E. WADE and Willard Wade, Respondents, v. Florence L. DORNACK and Charles Dornack, Appellants, Barton Construction Company, Inc., Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 29, 1965.

Attorney(s) appearing for the Case

O'Brien, Ehrick & Wolf and Michael Berens, Rochester, for appellants.

Mahoney & Mahoney, Minneapolis, for respondent Barton Const. Co.

Franke & Steiner, Rochester, for respondents Wades.

SHERAN, Justice.

Appeal from an order of the district court denying the motion of Florence L. Dornack and Charles Dornack for judgment notwithstanding the verdict or a new trial.

At about noon on a bright, sunny day in October 1960, Florence Dornack, accompanied by Marian Wade, a front-seat passenger, was northbound from Stewartville to Rochester on U. S. Highway 63. She was driving her husband's car, apparently as a gratuitous bailee. The road was familiar...

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