MILBANK MUT. INS. CO. v. PROKSCH

No. 45278.

244 N.W.2d 105 (1976)

MILBANK MUTUAL INSURANCE COMPANY, et al., Respondents, v. Charles PROKSCH, Appellant.

Supreme Court of Minnesota.

June 11, 1976.


Attorney(s) appearing for the Case

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

Robins, Davis & Lyons and James D. Steiner and Robert M. Wattson, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.


KELLY, Justice.

Defendant appeals from an order of the district court denying his motion for judgment notwithstanding the verdict or for a new trial following a special verdict awarding plaintiffs damages for injury to property. We affirm.

In December 1968, Harold B. Baltzer owned a dwelling at 4222 East 59th Street in Minneapolis which was insured by plaintiff Milbank Mutual Insurance Company, appearing here in the role of subrogee, and leased to plaintiff...

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