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SIMCHUCK v. FULLERTON

No. 44039.

216 N.W.2d 683 (1974)

William James SIMCHUCK, Appellant, v. Nathan FULLERTON and Christine K. Fullerton, Respondents. Christine FULLERTON, by Nathan Fullerton, her Father and Natural Guardian, and Nathan Fullerton, Individually, Respondents, v. William James SIMCHUCK and John M. Daugherty, d. b. a. Pennock Oil Company, Appellants.

Supreme Court of Minnesota.

March 29, 1974.

Attorney(s) appearing for the Case

Rainer L. Weis, Paynesville, for appellants.

Winter, Lundquist, Sherwood & Athens and Thomas C. Athens, Wheaton, for respondents.

Heard before KNUTSON, C. J., and KELLY, MacLAUGHLIN, and MULALLY, JJ., and considered and decided by the court.

EDWARD D. MULALLY, Justice.*

This is an appeal from an order of the trial court denying the motion of William J. Simchuck for judgment notwithstanding the verdict or, in the alternative, for a new trial, or for an additur.

The action arises out of a two-car accident which occurred on June 2, 1969, at the intersection of Willmar Avenue and Highway No. 71 in the city of Willmar, Minnesota. The intersection is controlled by automatic...

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