ERICKSON v. SORENSON

No. 43657.

211 N.W.2d 883 (1973)

Emil E. ERICKSON et al., Third-Party Plaintiffs, Appellants, v. David J. SORENSON, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied November 21, 1973.


Attorney(s) appearing for the Case

Spellacy & Lano, John A. Spellacy, Grand Rapids, O. C. Adamson II, Minneapolis, for appellants.

Rischmiller & Wasche and John E. Wasche, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and KELLY, TODD, and SCOTT, JJ., and considered en banc.


SCOTT, Justice.

Appeal from an order of the district court granting third-party defendant's motion for a new trial. The order was "granted exclusively upon an error occurring at the trial and upon no other ground," and in essence concerned an error in the instructions with respect to fundamental law or controlling principle. We reverse.

On January 24, 1970, an automobile owned by Emil E. Erickson and driven by Thomas E. Erickson collided with a snowmobile...

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