BRAUER v. JAMES J. IGOE & SONS CONSTRUCTION, INC.

No. 8570.

186 N.W.2d 459 (1971)

George BRAUER, individually, George Brauer, Special and General Administrator of the Estate of Elizabeth Brauer, a. k. a. Loretta Brauer, deceased, and George Brauer, as surviving husband of Elizabeth Brauer, a. k. a. Loretta Brauer, deceased, Plaintiffs and Respondents, Plaintiffs and Appellants, v. JAMES J. IGOE & SONS CONSTRUCTION, INC., a corporation, and City of Bismarck, a municipal corporation, Defendants, and Montana-Dakota Utilities Company, a foreign corporation, Defendant and Appellant, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied May 13, 1971.


Attorney(s) appearing for the Case

Robert L. Vogel, of Vogel, Bair & Graff, Mandan, and Irving R. Brand and Stephen B. Swartz, of Maslon, Kaplan, Edelman, Borman, Brand & McNulty, Minneapolis, Minn., for plaintiffs and respondents.

Albert A. Wolf, of Wolf, Glaser & Milhollan, Bismarck, for Montana-Dakota Utilities Company, defendant and appellant.


HEEN, District Judge.

On September 18, 1966, Elizabeth Brauer, wife of the plaintiff, George Brauer, died of burns sustained from an explosion occurring on July 25, 1966, which demolished the Brauer home in Bismarck, North Dakota, and destroyed the contents of the dwelling.

The plaintiff's complaint alleges three causes of action, all based on negligence. The first is that of plaintiff George Brauer, individually, to recover damages for destruction of the...

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