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ERSCHENS v. COUNTY OF LINCOLN

No. 41836.

177 N.W.2d 28 (1970)

Thomas W. ERSCHENS, a minor, by Leo J. Erschens, his father and natural guardian, and Leo J. Erschens, Individually, Appellants, v. COUNTY OF LINCOLN, Respondent.

Supreme Court of Minnesota.

May 1, 1970.

Attorney(s) appearing for the Case

Schermer, Gensler, Schwappach, Borkon & Ramstead, Minneapolis, for appellants.

Mordaunt, Walstad, Cousineau & McGuire, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN, and FRANK T. GALLAGHER, JJ.

OPINION

ROGOSHESKE, Justice.

Appeal from an order of the district court denying plaintiffs' motion for a new trial.

The action arose out of a December 7, 1967, accident in which plaintiff Thomas Erschens, a minor, sustained brain injury and resulting amnesia. The accident occurred when an automobile owned by his father, plaintiff Leo J. Erschens, and driven by Thomas passed through a barricade and upset, coming to rest on its top at the bottom of...

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