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VAN ORNUM v. OTTER TAIL POWER COMPANY

Civ. No. 8846.

210 N.W.2d 188 (1973)

Louise VAN ORNUM, Individually and on behalf of her children, et al., Plaintiff and Appellant, v. OTTER TAIL POWER COMPANY, a foreign corporation, et al., Defendants and Respondents.

Supreme Court of North Dakota.

August 10, 1973.

Attorney(s) appearing for the Case

Ohnstad, Twichell, Breitling & Arntson, West Fargo, and Wattam, Vogel, Vogel & Peterson, Fargo, for plaintiff and appellant.

Ottmar & Nething, Jamestown, and Field, Arvesen, Donoho, Lundeen & Hoff, Fergus Falls, Minn., for defendant and respondent Otter Tail Power Co.

Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, for defendants and respondents Gilbert E. Horton and Kent H. Horton.

STRUTZ, Chief Justice.

The plaintiff, as surviving wife, brought this action under the North Dakota Death by Wrongful Act statute, Chapter 32-21, North Dakota Century Code. Her husband, a licensed master plumber, at the time of his death was an employee of Pfaff Sheet Metal, an Enderlin firm which had been the successful bidder on part of the work in constructing an addition to the Jamestown High School. The deceased was acting as foreman for his employer on the project...

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