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WOODROW v. TOBLER

No. 47913.

269 N.W.2d 910 (1978)

Orval WOODROW, as Trustee for the Next of Kin of Terrance Paul Woodrow, Deceased, Appellant, v. Hugh J. TOBLER, et al., Respondents.

Supreme Court of Minnesota.

August 18, 1978.

Attorney(s) appearing for the Case

John M. Steele, Minneapolis, for appellant.

Jardine, Logan & O'Brien and Graham N. Heikes, St. Paul, for respondents.

Heard before ROGOSHESKE, KELLY and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

This is an action for wrongful death of a pedestrian by negligent operation of a motor vehicle, brought by trustee Orval Woodrow on behalf of decedent's next of kin, against defendants, Lonnie Victor Tobler, the driver of the automobile, and Hugh J. Tobler, his father. Minn.St. 573.02. We affirm the judgment of the district court dismissing this action.

The accident occurred in misty weather at about 12:30 a. m. on August 19, 1972, near the...

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