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CUMMINS v. RACHNER

No. 46778.

257 N.W.2d 808 (1977)

Carl W. CUMMINS, Jr., as Trustee for Next of Kin of Eloise E. Adams, Decedent, Respondent, v. Mary Jane RACHNER, et al., Respondents, Timothy C. Flynn, Defendant, Foley Brothers, Inc., Appellant. Mary Jane RACHNER, et al., Respondents, v. FOLEY BROTHERS, INC., Appellant.

Supreme Court of Minnesota.

August 19, 1977.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and O. C. Adamson II, R. D. Blanchard and J. Richard Bland, Minneapolis, for appellant.

Cummins & Sheahan and Michael J. Sheahan, St. Paul, for Cummins.

Stringer, Donnelly, Courtney, Cowie & Rohleder and Owen L. Sorenson, St. Paul, Casimir L. Cyptar, St. Paul, for Rachner, et al.

Heard before PETERSON, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Eloise E. Adams was a passenger in an automobile operated by Mary Jane Rachner. Mrs. Rachner was proceeding west on Highway No. 12, a divided highway, approaching the city of St. Paul. It was nighttime and snowing. She entered an area of highway construction being performed by Foley Brothers, Inc., (Foley) for the State of Minnesota. In a construction bypass area, Mrs. Rachner became confused by lane markings painted on the road surface and drove her...

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