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GRZADZIELEWSKI v. WALSH COUNTY MUT. INS. CO.

Civ. No. 9770.

297 N.W.2d 780 (1980)

S. J. GRZADZIELEWSKI, Plaintiff and Appellant, v. WALSH COUNTY MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

October 6, 1980.

Attorney(s) appearing for the Case

Bill Teevens, Teevens, Johnson & Montgomery, Minot, for plaintiff and appellant; submitted on the brief.

Jake C. Hodny, Burke, Hodny & Burke, Grafton, for defendant and appellee; submitted on the brief.

ERICKSTAD, Chief Justice.

Plaintiff, S. J. Grzadzielewski, appeals from a judgment based upon a jury determination that the loss of cattle which escaped from their pasture and died from eating special feed which resulted in toxemia was not a direct loss due to wind. We affirm.

The facts are undisputed. Gary, Grzadzielewski's son, found the cattle feeding from a feeder outside their corral the morning of February 3, 1978. The cattle had escaped through a gate...

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