ROSVOLD v. JOHNSON

No. 41226.

169 N.W.2d 598 (1969)

Andrew M. ROSVOLD, as trustee for next of kin of Wayne Andrew Rosvold, et al., Appellants, v. Ernest JOHNSON and Ernest Johnson, dba Brainerd Blacktopping Company, and Gary George DeRoiser, Respondents.

Supreme Court of Minnesota.

July 18, 1969.


Attorney(s) appearing for the Case

Harvey E. Skaar, Minneapolis, for appellants.

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

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.


OPINION

PETERSON, Justice.

Plaintiffs in an action for the wrongful death of a 5-year-old child, who was fatally injured when he rode his tricycle into the path of defendants' heavy construction vehicle on a residential street, appeal from an order denying their posttrial motions for a new trial or judgment notwithstanding the jury's verdict for defendants.

Plaintiffs state, upon oral argument, that the most important of the numerous issues they...

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