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AUGUSTINE v. HITZMAN

No. 42186.

178 N.W.2d 227 (1970)

Freda L. AUGUSTINE, trustee for the heirs of Carl Lawrence Augustine, decedent, Respondent, v. James R. HITZMAN, defendant and third-party plaintiff, Appellant, CITY OF ST. PAUL, Respondent, v. Gustave THIEL, third-party-defendant, Respondent.

Supreme Court of Minnesota.

June 12, 1970.

Attorney(s) appearing for the Case

Douglass, Bell, Donlin, Shultz & Petersen and Duane R. Harves, St. Paul, for appellant.

Nahurski & Cyptar, St. Paul, for Augustine.

Daniel Klas, City Atty., Thomas J. Stearns, Asst. City Atty., St. Paul, for City of St. Paul.

Murnane, Murnane, Battis, deLambert & Conlin, St. Paul, for Thiel.

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

OPINION

SHERAN, Justice.

Appeal from a summary judgment of the district court entered in favor of third-party defendant, Gustave Thiel.

On February 3, 1968, at approximately 6 a. m., an automobile being driven south on Robert Street in St. Paul by James R. Hitzman collided with the person of Carl Lawrence Augustine, fatally injuring him. The point of impact was approximately 100 feet south of the intersection of Robert and Plato Streets and in the...

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