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SCHWALICH v. GUENTHER

No. 41394.

166 N.W.2d 74 (1969)

Melchior SCHWALICH, et al., Appellants, v. Ellen GUENTHER, Spec. Admrx. of Estate of Frank A. Jarboe, Respondent.

Supreme Court of Minnesota.

February 28, 1969.

Attorney(s) appearing for the Case

Weis, Frauenshuh & Narveson, Paynesville, for appellants.

Winter, Lundquist, Sherwood & Pedersen, Wheaton, for respondent.

OPINION

ROGOSHESKE, Justice.

This appeal raises the question of the proper application of res judicata, or more specifically estoppel by prior verdict, in successive actions arising out of a collision between two automobiles.

On June 26, 1967, Frank Jarboe was driving his automobile when it collided with an automobile driven by Emma Schwalich and owned by her husband, Melchior Schwalich, who was riding with her as a passenger. The collision occurred...

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