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DEMPSEY v. JAROSCAK

No. 42508.

188 N.W.2d 779 (1971)

LeVain DEMPSEY and Marcelline Dempsey, husband and wife, Appellants, v. Frank JAROSCAK and Adelaide G. Jaroscak, husband and wife, Respondents.

Supreme Court of Minnesota.

July 2, 1971.

Attorney(s) appearing for the Case

Seltz, Tolaas & Seng, St. Paul, for appellants.

Murnane, Murnane, Battis, deLambert & Conlin, St. Paul, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.

OPINION

NELSON, Justice.

Appeal by plaintiffs from a judgment of the Ramsey County District Court entered pursuant to an order granting defendants summary judgment.

On March 1, 1969, at approximately 6 a. m., plaintiff Marcelline Dempsey was delivering newspapers on her son's morning route. The temperature was approximately 25 degreees above zero, and there was a considerable accumulation of packed snow...

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