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WITTHUHN v. DURBAHN

No. 40720.

157 N.W.2d 360 (1968)

Eraine R. WITTHUHN, Spec. Admrx. of Estate of Everett Witthuhn, Deceased, Appellant, v. Merle C. DURBAHN et al., Respondents.

Supreme Court of Minnesota.

March 15, 1968.

Attorney(s) appearing for the Case

T. H. Wangensteen, Minneapolis, for appellant.

Peterson & Holtze, and Theodore N. Treat Jr., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, OTIS, SHERAN, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal from an order of the district court dismissing plaintiff's cause of action.

This case arises out of an automobile accident. On December 1, 1963, Everett Witthuhn was a passenger in a car driven by his brother Warren. While stopped at an intersection, the Witthuhn car was struck from behind by a car driven by defendant Mary Durbahn and owned by her husband, defendant...

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