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SAMUELSON v. CHICAGO, ROCK ISLAND & PACIFIC R. CO.

No. 41945.

178 N.W.2d 620 (1970)

David Hamilton SAMUELSON, as trustee for heirs of Selma Samuelson, deceased, Plaintiff, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant and third-party plaintiff, Respondent, and CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant, v. David Urban SAMUELSON, third-party defendant, Appellant.

Supreme Court of Minnesota.

June 5, 1970.

Attorney(s) appearing for the Case

Robb, Van Eps & Gilmore, and Duane E. Arndt, Minneapolis, for appellant.

Stringer, Donnelly & Sharood, and Charles A. Flinn, Jr., St. Paul, for respondent.

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

OPINION

ROGOSHESKE, Justice.

Plaintiff-trustee's action to recover damages for death by wrongful act was compromised and settled before trial by defendant and third-party plaintiff, Chicago, Rock Island and Pacific Railroad Company (hereinafter Rock Island). The subsequent trial of Rock Island's claim for contribution resulted in a determination that the settlement was reasonable and that the negligence of third-party defendant, David Urban Samuelson (hereinafter...

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