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HART v. VOGT

No. 45268.

238 N.W.2d 590 (1976)

Catherine HART, Individually, and Catherine Hart, Trustee for the Heirs of Lee Hart, Decedent, Appellant, v. Thomas M. VOGT, et al., Respondents.

Supreme Court of Minnesota.

January 9, 1976.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson and Stephen W. Shaughnessy, Coulter Nelson & Sullivan and Mark Sullivan, Minneapolis, for appellant.

Jardine, Logan & O'Brien and Jerre F. Logan, St. Paul, for respondents.

Heard before KELLY, TODD and MacLAUGHLIN, JJ., and considered and decided by the court en banc.

TODD, Justice.

Catherine Hart (Hart), individually and as trustee for the heirs of Lee Hart, decedent, appeals from a judgment and from an order denying her motion for a new trial. Lee Hart was killed in the crash of a light plane piloted by Thomas M. Vogt (Vogt). The jury found Vogt was not negligent. We affirm.

On November 8, 1972, the plane, owned and piloted by Vogt, crashed while he was attempting to land in Duluth. The crash was fatal to two passengers...

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