SAYLER v. HOLSTROM

Civ. No. 9144.

239 N.W.2d 276 (1976)

Walter A. SAYLER, Plaintiff and Appellee, v. J. D. HOLSTROM and the Hartford Steam Boiler Inspection and Insurance Company, Defendants, Third-Party Plaintiffs, and Appellants, v. DICKINSON CHEESE CO., INC., Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 12, 1976.


Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, for defendants, third-party plaintiffs, and appellants; argued by John Rowell, Moorhead, Minn.

Conmy, Rosenberg & Lucas, Bismarck, for third-party defendant and appellee; argued by A. William Lucas, Bismarck.

Reichert, Howe, Hardy, Moench, Galloway & Jorgensen, P.C., Dickinson, for plaintiff and appellee.


ERICKSTAD, Chief Justice.

Walter A. Sayler alleges that as a result of a boiler explosion at Dickinson Cheese Co., Inc. on June 20, 1971, he suffers from certain chronic and progressive maladies. At the time of the explosion Dickinson Cheese was a complying employer under the Workmen's Compensation Act and Sayler's injury entitled him to benefits of the Act.

By complaint dated September 30, 1974, Sayler alleges that J. D. Holstrom in his capacity as employee...

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