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FOWLER v. DELZER

Civ. No. 8604.

177 N.W.2d 756 (1970)

James FOWLER, Plaintiff, Respondent and Appellant in Part, v. Reinhold DELZER and Benny Delzer, Defendants, Appellants and Respondents in Part.

Supreme Court of North Dakota.

Rehearing Denied June 18, 1970.

Attorney(s) appearing for the Case

Fleck, Smith, Mather, Strutz & Mayer, Bismarck, for defendants, appellants and respondents in part.

William R. Mills, Bismarck, for plaintiff, respondent and appellant in part.

TEIGEN, Chief Justice.

This is an appeal from an order entered on a motion for a new trial, in a personal injury action tried to a jury, in which the court vacated the verdict, directed an additur, and provided that if the additur was not agreed to by the defendants, that the plaintiff have a new trial on all issues in the case. The action is one sounding in tort, was tried to a jury, and the jury found in favor of the plaintiff and returned its verdict for damages...

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