ACKERMAN v. THEIS

No. 40521.

160 N.W.2d 583 (1968)

Carol ACKERMAN, by Peter Ackerman, her father and natural guardian, and Peter Ackerman, Appellants, v. Elmer Bernard THEIS, Respondent.

Supreme Court of Minnesota.

July 26, 1968.


Attorney(s) appearing for the Case

Rainer L. Weis and Ronald R. Frauenshuh, Paynesville, for appellants.

Quinlivan, Quinlivan & Williams, St. Cloud, for respondent.

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


OPINION

OTIS, Justice.

This is an action on behalf of a 4-year-old child for personal injuries sustained when she was struck by defendant's automobile. The jury returned a verdict for defendant, and plaintiff appeals from an order denying judgment n. o. v. or a new trial.

On Halloween night, October 31, 1964, at approximately 6:30 p. m., defendant was driving his automobile through the village of Eden Valley on Minnesota Highway No. 22, when plaintiff...

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