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DOSH v. ELIOFF

No. 44568.

222 N.W.2d 326 (1974)

Lloyd A. DOSH, as Trustee for the Heirs of Charles E. White, Deceased, Appellant, v. John C. ELIOFF, Jr., Respondent.

Supreme Court of Minnesota.

September 13, 1974.

Attorney(s) appearing for the Case

Nord, Webster & Brennan and David W. Nord, Joseph H. Rivard, St. Paul, for appellant.

Murnane, Murnane, Battis & Conlin, Robert W. Murnane, and James J. Boyd, St. Paul, for respondent.

Heard before MacLAUGHLIN, YETKA, and SCOTT, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

This is a wrongful death action commenced by plaintiff, Lloyd A. Dosh, trustee for the heirs of Charles E. White, decedent, alleging that defendant, John C. Elioff, Jr., negligently operated his automobile and caused the death of decedent. A jury returned a special verdict finding that both parties were 50 percent causally negligent, and judgment for defendant was ordered. Plaintiff appeals from an order denying his alternative motion for judgment...

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