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SUCHER v. OLIVER-MERCER ELECTRIC

Civ. No. 8404.

151 N.W.2d 321 (1967)

Valmer H. SUCHER, Plaintiff and Respondent, v. OLIVER-MERCER ELECTRIC, a Co-operative, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied June 21, 1967.

Attorney(s) appearing for the Case

Orville A. Schulz, New Salem, and C. J. Schauss, Mandan, for plaintiff and respondent.

Wolf, Glaser & Milhollan, Bismarck, for defendant and appellant.

STRUTZ, Judge.

This is an appeal from an order of the district court setting aside the verdict of the jury for the defendant, and granting a new trial to the plaintiff. The pertinent facts are as follows:

The plaintiff is a retired farmer, living with his parents in New Salem. Prior to the day of the accident which resulted in the injuries for which he brings this action, Oliver County had graded a county road bordering on the south side of a tract of land...

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