RAUSCH v. JULIUS B. NELSON AND SONS, INC.

No. 40060.

149 N.W.2d 1 (1967)

Shirley RAUSCH as trustee for surviving spouse and next of kin of Donald Rausch, deceased, Appellant, v. JULIUS B. NELSON AND SONS, INC., et al., Respondents.

Supreme Court of Minnesota.

February 3, 1967.


Attorney(s) appearing for the Case

Byron W. McCullagh, Minneapolis, for appellant.

Peterson & Holtze, Meagher, Geer, Markham & Anderson, and O. C. Adamson, II, and Mary J. Coyne, Minneapolis, for respondents.


OPINION

NELSON, Justice.

In this action for death by wrongful act, there was a jury verdict for plaintiff against both defendants. Plaintiff appeals from an order setting aside the verdict and granting judgment in favor of defendants. The trial court held that the conduct of the decedent in voluntarily exposing himself to a known or obvious hazard which the ordinarily prudent person would not do required findings that decedent was guilty of assumption of...

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