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MJOS v. VILLAGE OF HOWARD LAKE

No. 42112.

178 N.W.2d 862 (1970)

David MJOS and Julie Ann Mjos, minors, by Ruth Mjos, their parent and natural guardian, et al., Respondents, v. VILLAGE OF HOWARD LAKE, Appellant, Village of Waverly, Appellant.

Supreme Court of Minnesota.

June 26, 1970.

Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson and O. C. Adamson, II, Minneapolis, for Village of Howard Lake.

Carroll, Cronan, Roth & Austin, Minneapolis, for Village of Waverly.

Johnson, Schmidt, Thompson, Schneider & Lindstrom, Willmar, for respondents.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON, and JAMES F. MURPHY, JJ.

OPINION

SHERAN, Justice.

Appeal from an order of the district court vacating judgment for defendants and granting plaintiffs' motion for a new trial. The order is specifically based "on the exclusive grounds of error in the instructions with respect to fundamental law." Thus, it is appealable as of right.1

On December 1, 1967, a car operated by Irving Dalbec collided with one driven by Paul Mjos on a highway near Howard...

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