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HOLMBOE v. COOK

No. 42064.

179 N.W.2d 276 (1970)

Bruce HOLMBOE, Appellant, v. Robert COOK and Midwest Haulers, Inc., Respondent.

Supreme Court of Minnesota.

August 14, 1970.

Attorney(s) appearing for the Case

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

Sahr, Kunert, Tambornino & Soshnik, Minneapolis, for respondent.

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

OPINION

FRANK T. GALLAGHER, Justice.

This is an appeal from an order of the district court denying plaintiff's motion for a new trial.

On May 15, 1965, at approximately 6:30 p. m. defendant Robert Cook was driving a 10-ton truck, owned by defendant Midwest Haulers, Inc., north on Cedar Avenue in Minneapolis. He was traveling at a speed of 30 miles per hour as he approached the intersection of Cedar Avenue with 24th Street. Defendant Cook testified...

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