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HEROLD v. BURLINGTON NORTHERN, INC.

No. 4-71 Civ. 219.

342 F.Supp. 862 (1972)

Mary HEROLD, Plaintiff, v. BURLINGTON NORTHERN, INC., a corporation, Defendant and Third-Party Plaintiff, v. Mrs. Louis HAUBRICK, Third-Party Defendant.

United States District Court, D. Minnesota, Fourth Division.

April 17, 1972.

Attorney(s) appearing for the Case

Cloutier, White, Musech, Wright & Steele by John M. Steele, Minneapolis, Minn., for plaintiff.

H. K. Bradford, Jr., St. Paul, Minn., for defendant and third-party plaintiff.

Bergman, Knutson, Street & Ulmen by Howard A. Knutson, Minneapolis, Minn., for third-party defendant.

ORDER DISMISSING COMPLAINT

NEVILLE, District Judge.

At the close of the plaintiff's case,1 defendant moved for a dismissal of the complaint. The court hereby grants the motion. This is a classic textbook case of superseding or intervening cause; or stated another way, a case where reasonable minds cannot differ and could not find defendant negligent for lack of a foreseeable event.2 Were the jury...

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