MILLOCH v. GETTY

No. 44292.

220 N.W.2d 481 (1974)

Rudolph M. MILLOCH, et al., Appellants, v. William GETTY, d. b. a. Bill's Mobil Service, Respondent, Mobil Oil Corporation, Respondent.

Supreme Court of Minnesota.

July 26, 1974.


Attorney(s) appearing for the Case

Erickson & Casey and Carl E. Erickson, Brainerd, for appellants.

Jardine, Logan & O'Brien, and Alan R. Vanasek, St. Paul, for Getty.

Ryan, Ryan & Ebert and Thomas J. Ryan, Brainerd, for Mobil.

Heard before SHERAN, C.J., and OTIS and TODD, JJ., and considered and decided by the court.


TODD, Justice.

Plaintiffs Rudolph and Violet Milloch appeal from an order denying their motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial. In a special verdict, the jury found that plaintiff Rudolph Milloch had assumed the risk of the injuries he sustained when he fell on defendant William J. Getty's property. The trial court ordered judgment for defendants. We reverse.

Defendant Getty was the owner of the real property...

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