DIMOND v. KLING

Civ. No. 8953.

221 N.W.2d 86 (1974)

Lyle DIMOND and Willard Dimond, Plaintiffs/Appellants, v. Sandra E. KLING et al., Defendants, Third-Party Plaintiffs and Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 26, 1974.


Attorney(s) appearing for the Case

William R. Mills, Bismarck, for plaintiffs/appellants.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants, third-party plaintiffs and appellees.


TEIGEN, Judge.

This is an appeal by the plaintiffs, a boy who was injured in an automobile-bicycle collision and his father, from the judgment of the district court, based on a jury verdict, dismissing their complaint against the driver of the automobile and her employer.

On April 15, 1968, the plaintiff, Willard Dimond, then age 14, and one Daniel Wintermeyer, then age 16, were home early from school for the day. They were conversing with several other children...

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