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FORSYTHE v. CITY OF THIEF RIVER FALLS

No. 43401.

208 N.W.2d 756 (1973)

Malvina FORSYTHE, as Trustee for the Heirs and Next of Kin of Bonnie Forsythe, decedent, Respondent, v. CITY OF THIEF RIVER FALLS, Appellant.

Supreme Court of Minnesota.

June 15, 1973.

Attorney(s) appearing for the Case

Wurst & McDowell and Robert A. Wurst, Thief River Falls, for appellant.

Neil A. McEwen, Thief River Falls, for respondent.

Heard before KNUTSON, C. J., and PETERSON, TODD, and MacLAUGHLIN, JJ.

PETERSON, Justice.

A new trial was ordered, on motion of plaintiff, because the trial court had not, in compliance with Rule 51, Rules of Civil Procedure,1 unequivocally informed counsel of its intention to instruct the jury on superseding cause, an omission which the trial court concluded was prejudicial error. Defendant appeals from that order. We affirm.

Plaintiff, as trustee for the heirs and next of kin of Bonnie Forsythe...

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