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SCHUH v. ALLERY

Civ. No. 8882.

210 N.W.2d 96 (1973)

Richard SCHUH and Carol Schuh, Husband and Wife, Individually and as Trustees for the North Dakota Workmen's Compensation Bureau, Plaintiffs and Appellants, v. Louis ALLERY, Deceased, by and through his Administratrix, Ermaline P. Allery, Defendant and Respondent.

Supreme Court of North Dakota.

August 13, 1973.

Attorney(s) appearing for the Case

E. J. Bosch, Minot, for plaintiffs and appellants.

Traynor & Rutten, Devils Lake, Nilles, Hansen, Selbo, Magill & Davies, Fargo, and Ella Van Berkom, Minot, for defendant and respondent.

VOGEL, Justice.

This is an appeal from a judgment entered following trial to the court without a jury. A review of the facts discloses that the plaintiff Richard Schuh was driving his automobile in an easterly direction on a county dirt road, and that the defendant's decedent, Louis Allery, was driving south on a dirt section-line road. Neither road was a favored highway with stop or yield signs affecting traffic. The two...

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