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VOGEL v. BERTSCH

No. 8125.

130 N.W.2d 220 (1964)

Arthur VOGEL, Plaintiff and Appellant, v. Johnny BERTSCH, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied October 1, 1964.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison & Jukkala, Jamestown, for plaintiff and appellant.

Mackenzie & Jungroth, Jamestown, for defendant and respondent.

TEIGEN, Judge.

In this action the plaintiff seeks to recover damages for personal injury and damages to his automobile as a result of a collision with a school bus owned and operated by the defendant. It is alleged in the complaint that the collision was proximately caused by the negligence of the defendant. Defendant makes a general denial and admits the accident, but alleges it was caused solely by the carelessness and negligence of the plaintiff. Defendant counterclaimed...

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