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PETERSON v. HART

Civ. No. 9538.

278 N.W.2d 133 (1979)

Thomas O. PETERSON, Plaintiff and Appellant, v. Eileen H. HART, as the Personal Representative of the Estate of George M. Hart, Deceased, Defendant and Appellee.

Supreme Court of North Dakota.

April 12, 1979.

Attorney(s) appearing for the Case

E. J. Rose, Bismarck, for plaintiff and appellant.

Zuger & Bucklin, Bismarck, for defendant and appellee; argued by Leonard Bucklin, Bismarck.

PEDERSON, Justice.

This is a "classic" 52(a)1 appeal where a decision has been made by a trial judge on conflicting evidence. Peterson's complaint alleged that the negligence of Dr. Hart in treating his broken leg caused osteomyelitis.2 Neither party demanded a jury trial (Rule 38(b), NDRCivP). The case was tried by Judge Beede, who found that Dr. Hart was not negligent. A judgment was entered dismissing the...

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