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BENJAMIN v. BENJAMIN

Civ. No. 880317.

439 N.W.2d 527 (1989)

James BENJAMIN, Plaintiff and Appellant, v. Clifford BENJAMIN, Defendant and Appellee.

Supreme Court of North Dakota.

April 19, 1989.

Attorney(s) appearing for the Case

John Mahoney, of Mahoney & Mahoney, Center, for plaintiff and appellant.

Charles T. Edin, of Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee.

VANDE WALLE, Justice.

James Benjamin appealed a summary judgment dismissing his claim against Clifford Benjamin for negligence. We affirm.

James is the son of Clifford. In 1980, James, age 48, moved on the farm with Clifford. He worked for his father and was oftentimes paid in farm goods such as cattle and feed. He also did occasional work for other farmers in the surrounding area.

On June 2, 1986, Clifford instructed James to replace the shovels on...

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