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MITZEL v. SCHATZ

No. 8510.

167 N.W.2d 519 (1968)

Simon MITZEL, Plaintiff and Respondent, v. Kasper SCHATZ, Defendant and Appellant.

Supreme Court of North Dakota.

December 10, 1968.

Attorney(s) appearing for the Case

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for defendant and appellant.

Vogel, Bair & Graff, Mandan, for respondent and movant.

ERICKSTAD, Judge.

By summons and complaint dated February 22, 1967, Simon Mitzel initiated an action against Kasper Schatz in which he sought to recover for personal injuries allegedly suffered in an intersectional accident which occurred on November 15, 1965, on a county road 1½ miles east of Zeeland in McIntosh County.

The complaint asserted that Mr. Mitzel's injuries were the result of the negligent operation...

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