Civ. No. 8822.

201 N.W.2d 399 (1972)

Marvin MOUM and Geraldine Moum, husband and wife, individually and as guardians of the person and estate of Misti Lee Grochow, a minor, Plaintiffs and Respondents, v. F. W. MAERCKLEIN, as Administrator of the Estate of Evan W. Dockter, Defendant, and Soo Line Railway Company, a foreign corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 1, 1972.

Attorney(s) appearing for the Case

Bjella & Jestrab, Williston, and F. Leslie Forsgren, Crosby, for plaintiffs and respondents.

McGee, Hankla, Backes & Wheeler, Minot, for defendant and appellant.

STRUTZ, Chief Justice, on reassignment.

Evan Dockter, deceased, was an employee of the defendant Soo Line Railway Company, working as a probationary brakeman out of Harvey, North Dakota. He lived in Minot, a distance of approximately seventy miles from Harvey, and traveled to and from his work by car over U. S. Highway No. 52.

On the morning of December 22, 1969, the yard clerk of the defendant called Dockter in Minot, at approximately 7:15 o'clock, and asked...


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