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BARNES v. HAMMERSCHMIDT

No. 42448.

182 N.W.2d 875 (1971)

Richard BARNES, Respondent, v. Reynold HAMMERSCHMIDT, et al., Appellants, Clayton Fadness, Appellant.

Supreme Court of Minnesota.

January 15, 1971.

Attorney(s) appearing for the Case

Quinlivan, Williams, Johnson & Quinlivan, St. Cloud, for Hammerschmidt.

Gordon Rosenmeier and John E. Simonett, Little Falls, for Fadness et al.

John F. Fletcher, St. Cloud, for respondent.

Heard and considered en banc.

OPINION

OTIS, Justice.

This action arises out of an automobile accident involving three vehicles which occurred on August 18, 1967, in Sherburne County. Plaintiff seeks to recover damages for personal injuries. The trial commenced on September 16, 1969. The court submitted the issue of plaintiff's contributory negligence, and the jury returned verdicts in favor of defendants. Following our decision in Peterson v. City of Minneapolis, 285 Minn. 282,

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