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BJERKE v. HEARTSO

Civ. No. 8596.

183 N.W.2d 496 (1971)

Clarine BJERKE, Plaintiff and Respondent, v. Harry V. HEARTSO and John F. Heartso, as Co-Administrators with the Will Annexed of the Estate of Howard Heartso, Deceased, and Richard Lysne, as Administrator of the Estate of Orvin B. Lysne, also known as Orvin Lysne, Deceased, Defendants and Appellants, Great Plains Supply Company, a corporation, Defendant.

Supreme Court of North Dakota.

Rehearing Denied February 22, 1971.

Attorney(s) appearing for the Case

Foughty, Christianson, Thompson & Rutten, Devils Lake, for plaintiff and respondent.

Duffy & Haugland, Devils Lake, for defendants and appellants Heartso.

Letnes & Marshall, Grand Forks, for defendant and appellant Lysne.

RALPH B. MAXWELL, District Judge.

On a clear, quiet morning in January of 1968, on an open stretch of highway near Devils Lake, two cars met at the center of the road in a violent head-on collision. The lives of all three occupants of the vehicles were lost.

This lawsuit is an outgrowth of that tragic event. The widow of the sole passenger has sued the estates of both drivers to recover for the wrongful death of her husband. She has charged each driver

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