JACOBS v. DRAPER

No. 39945.

142 N.W.2d 628 (1966)

Dorwyn K. JACOBS, as trustee for next of kin of Patrick Jacobs, Respondent, v. Melbourne H. DRAPER, Respondent, John G. Ralston, individually, and dba Mell-O-Dee Ice Cream, Appellant.

Supreme Court of Minnesota.

May 6, 1966.


Attorney(s) appearing for the Case

Cragg & Barnett, Minneapolis, for appellant.

Stanley J. Mosio, St. Paul, for Jacobs.

Murnane, Murnane, Battis & deLambert, St. Paul, for Draper.


NELSON, Justice.

In this action to recover damages for death by wrongful act, the jury returned a verdict against defendant John G. Ralston, d. b. a. Mell-O-Dee Ice Cream. He appeals from an order denying his alternative motion for judgment notwithstanding the verdict or a new trial.

Ralston is the owner of an ice cream truck from which sales of ice cream are made to the general public. The normal method of operation of the truck at the time of the accident...

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