KITTOCK v. ANDERSON

Civ. No. 8839.

203 N.W.2d 522 (1973)

Kenneth KITTOCK, Plaintiff and Respondent, v. Herbert A. ANDERSON and Joseph M. Anderson, d/b/a Anderson Brothers, Defendants and Appellants.

Supreme Court of North Dakota.

January 18, 1973.


Attorney(s) appearing for the Case

Chauncey T. Kaldor, Hillsboro, for plaintiff and respondent.

Wattam, Vogel, Vogel & Peterson, Fargo, for defendants and appellants.


STRUTZ, Chief Justice, on reassignment.

The plaintiff, a farm laborer, brings this action to recover damages for personal injuries suffered when he slipped and fell in alighting from the rear end of a grain truck which he, in the course of his employment, had swept out. He charges the defendants with negligence for failure to provide a ladder for getting into and out of the grain truck. The defendants, on the other hand, deny any negligence on their part and assert...

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