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MERTZ v. WEIBE

Civ. No. 8529.

180 N.W.2d 664 (1970)

Melodee J. MERTZ, by her guardian ad litem, Alice Mertz, Plaintiff and Respondent, v. Eleanor WEIBE, Defendant and Appellant. Alice MERTZ, Plaintiff and Respondent, v. Eleanor WEIBE, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 10, 1970.

Attorney(s) appearing for the Case

Traynor & Traynor, Devils Lake, for appellant.

Duffy & Haugland, Devils Lake, for respondent.

KNUDSON, Judge. (On reassignment.)

These appeals arise out of a collision of two automobiles which met and collided at the top of a small hill. Separate actions were brought by two passengers in one of the automobiles against the driver and owner of the other automobile for personal injuries sustained in the accident. Although separate actions were brought, they were consolidated for the purpose of trial. A jury was waived, and after trial to the court a judgment...

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