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COWLING v. CITY OF ST. PAUL

No. 35,370.

234 Minn. 374 (1951)

ROBERT COWLING, SPECIAL ADMINISTRATOR OF ESTATE OF HERMAN A. MALMEN, v. CITY OF ST. PAUL AND ANOTHER.

Supreme Court of Minnesota.

June 15, 1951.

Attorney(s) appearing for the Case

William M. Serbine, Corporation Counsel, and Marshall F. Hurley, Assistant Corporation Counsel, for appellant.

Robert Cowling and Louis G. Nagler, for respondent.

MATSON, JUSTICE.

Appeal by defendant city from an order denying its motion for a new trial.

Plaintiff, as special administrator of the estate of Herman A. Malmen, deceased, brought this action against the city of St. Paul and Grudem Brothers Company, Inc., to recover damages under M.S.A. 573.02 for decedent's wrongful death. Later the action was dismissed as to Grudem Brothers Company with prejudice and without costs.

On July 6, 1948, on or about six...

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