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NEIBAUER v. WELL

Civ. No. 10147.

319 N.W.2d 143 (1982)

Marian Huso NEIBAUER, formerly Marian Huso, Plaintiff and Appellant, v. Colby WELL, Defendant and Appellee.

Supreme Court of North Dakota.

May 13, 1982.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellant; argued by Albert A. Wolf, Bismarck. Appearance by Joann Wheeler Johnson, Bismarck.

Pearce, Anderson & Durick, Bismarck, for defendant and appellee; argued by B. Timothy Durick, Bismarck. Appearance by Joy L. Wezelman, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal by the plaintiff, Marian Huso Neibauer, from an order of the District Court of Burleigh County, dated October 16, 1981, granting the defendant, Colby Well, a new trial. We affirm.

Marian sued Colby for damages allegedly sustained by her when an automobile in which she was a passenger was struck from the rear by a vehicle operated by Colby. During the trial Marian, while testifying on direct examination by her attorney...

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