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HATHAWAY v. DALE MOVERS, INC.

No. 41343.

167 N.W.2d 32 (1969)

Michael R. HATHAWAY and William S. Hathaway, minors, by their mother and natural guardian, Lucille M. Hathaway, Lucille M. Hathaway and Gary Arlo Peterson, Respondents, v. DALE MOVERS, INC., et al., Defendants and 3rd Party Plaintiffs, Appellants, v. Kenneth HATHAWAY, 3rd Party Defendant, Respondent. Kenneth HATHAWAY, Respondent, v. DALE MOVERS, INC., et al., Defendants and 3rd Party Plaintiffs, Appellants.

Supreme Court of Minnesota.

April 3, 1969.

Attorney(s) appearing for the Case

Schermer & Gensler, Minneapolis, for appellants.

Dorfman, Rudquist & Karalis, Spencer J. Sokolowski, Minneapolis, for respondents Hathaway and Peterson.

King, MacGregor & Lommen, and Norman Larsen, Minneapolis, for respondent Kenneth Hathaway.

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

OPINION

MURPHY, Justice.

This is an appeal from an order denying defendants' motion for a new trial or for judgment notwithstanding the verdict. The case involves damages growing out of a rear-end collision between a passenger car driven by plaintiff Kenneth Hathaway and a large motorized piece of excavation equipment, described as a "Michigan Loader," owned by defendant Dale Movers, Inc., and driven by defendant...

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