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HIGMAN v. INDEPENDENT SCH. DIST. NO. 37 OF BELTRAMI CO.

No. 40777.

161 N.W.2d 696 (1968)

William George Mark HIGMAN, appearing by William B. Higman, his guardian ad litem, et al., Plaintiffs, v. INDEPENDENT SCHOOL DISTRICT NO. 37 OF BELTRAMI COUNTY and Robert A. Smith, Respondents, Elmer Kahlstorf et al., Appellants.

Supreme Court of Minnesota.

September 20, 1968.

Attorney(s) appearing for the Case

Smith, McRae & Hilligan, Bemidji, for appellants.

Powell & Dessert, Bemidji, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS and ROGOSHESKE, JJ.

OPINION

ROGOSHESKE, Justice.

This is an action to recover damages for personal injuries sustained by a passenger in defendant school district's bus, driven by defendant Robert A. Smith, when it was struck in the rear by a truck driven by defendant Darrell E. Arvidson, an employee of defendant Elmer Kahlstorf. The jury by special verdict found that both drivers were negligent but that the negligence of the truck driver alone was the proximate cause of the...

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