DELGADO v. LOHMAR

No. 49636.

289 N.W.2d 479 (1979)

Edward A. DELGADO et al., Appellants, v. Douglas William LOHMAR, Defendant, Gordon Allen Daniels, Jr., Respondent, William Allen Greenwood, Respondent, David Martini, Respondent, Bryan Knox, Respondent.

Supreme Court of Minnesota.

Rehearing Denied January 11, 1980.


Attorney(s) appearing for the Case

Jerome E. Kline, Bloomington, for appellants; William C. Hudson, Aitkin, of counsel.

Harold LeVander, South St. Paul, for Daniels.

Neal A. Lano, Grand Rapids, for Greenwood.

John E. Simonett, Little Falls, for Martini.

Richard L. Pemberton, Fergus Falls, for Knox.

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


WAHL, Justice.

Plaintiff landowner, accidentally blinded by a shot fired by one of the party of defendant grouse hunters on his property without his knowledge or consent, appeals from a judgment of the Aitkin County District Court granting defendants' motion for summary judgment. The trial court found that, as a matter of law, defendants were not engaged in a joint enterprise and that there were not sufficient facts to submit the case to a jury on the theory of negligence...

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