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PHELPS v. BENSON

Nos. 37,278, 37,279.

252 Minn. 457 (1958)

90 N.W. (2d) 533

CHARLES E. PHELPS, TRUSTEE FOR HEIRS AND NEXT OF KIN OF ELEANOR E. HIGGINS, v. MELVIN BENSON. GEORGE A. HIGGINS v. SAME.

Supreme Court of Minnesota.

May 29, 1958.

Attorney(s) appearing for the Case

Samuel Saliterman, Michael Robins, and Charles Alan Wright, for appellants.

Meagher, Geer, Markham & Anderson, Manson Reedal, O.C. Adamson II, and Carlsen & Greiner, for respondent.

KNUTSON, JUSTICE.

These cases arose out of an automobile accident which occurred on U.S. Highway No. 14 east of Rapid City, South Dakota, on July 4, 1953.

Mr. and Mrs. Higgins and Mr. and Mrs. Benson had lived in Minneapolis prior to the accident. They had been very close friends for several years. Mr. and Mrs. Higgins and Mrs. Benson were all employed at the Twin City Arsenal. The two couples frequently went on short trips together, and they were together...

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