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GOTTSKALKSON v. CITY OF CANBY

No. 43516.

207 N.W.2d 361 (1973)

Jacob GOTTSKALKSON, et al., Appellants, v. CITY OF CANBY, Respondent, Warren Meade, Defendant.

Supreme Court of Minnesota.

May 11, 1973.

Attorney(s) appearing for the Case

Gordon Paterson, Marshall, and Walter E. Riordan, Minneapolis, for appellants.

George A. Marshall, Marshall, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and GILLESPIE, JJ.

ROBERT B. GILLESPIE, Justice.*

The single issue raised on this appeal is whether the rule which we set out in Springrose v. Willmore, 292 Minn. 23, 192 N.W.2d 826 (1971), recasting the doctrine of secondary assumption of risk as an aspect of negligence, should be applied retroactively to the case at hand.

On December 20, 1969, plaintiff Jacob Gottskalkson was assaulted while a customer at an...

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