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SCHWARTZ v. CONSOLIDATED FREIGHTWAYS CORP. OF DEL.

Nos. 44158, 44281, 44509 and 44525.

221 N.W.2d 665 (1974)

Roy SCHWARTZ, Appellant-Respondent, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Respondent-Appellant, Spector Freight System, Inc. of Illinois, Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 2, 1974.

Attorney(s) appearing for the Case

Fletcher Dahl & Riedy, John F. Fletcher, St. Cloud, Fitch & Johnson, Minneapolis, for appellant-respondent.

Cousineau, McGuire, Shaughnessy & Anderson and Robert J. McGuire, Minneapolis, for Consolidated Freightways.

Thompson, Hessian, Fletcher, McKasy & Soderberg and George Roehrdanz, Minneapolis, for Spector Freight System Inc.

Heard before SHERAN, C. J., and PETERSON, KELLY, and YETKA, JJ., and considered and decided by the court.

YETKA, Justice.

Plaintiff brought an action to recover for personal injuries sustained in a three-truck accident in the State of Indiana allegedly due to the negligence of the defendants, Consolidated Freightways Corporation of Delaware and Spector Freight System, Inc. Trial before a jury was commenced in Hennepin County District Court on November 20, 1972. Prior to submission of the case to the jury, the court ruled, as a matter of law, that the Indiana rule of contributory...

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