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BARTHOLOMAY v. ST. THOMAS LUMBER COMPANY

No. 8086.

124 N.W.2d 481 (1963)

Gordon BARTHOLOMAY, as surviving husband of Diane Bartholomay, deceased, Gordon Bartholomay, as surviving father of the unborn child of Diane Bartholomay, deceased, Vickie Lynn Batholomay, by her next friend, Gordon Bartholomay, Jeffrey Bartholomay, by his next friend, Gordon Bartholomay, and Gordon Bartholomay, individually, Plaintiffs and Appellants, v. ST. THOMAS LUMBER COMPANY and John R. Quam, Defendants and Respondents.

Supreme Court of North Dakota.

November 7, 1963.

Attorney(s) appearing for the Case

Nilles, Oehlert & Nilles, by Donald R. Hansen and Frank J. Magill, Fargo, for appellants.

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for respondents.

TEIGEN, Judge.

This is an appeal from an order denying a motion for change of venue on the ground of convenience of witnesses and to promote the ends of justice. The case involves an automobile accident which occurred on U. S. Highway No. 81, north of Grandin, in Traill County, North Dakota. The sole issue on this appeal is whether the trial court abused its discretion in denying the motion of the plaintiff for such change of place of trial.

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