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GREAVES v. GALCHUTT

No. 42293.

184 N.W.2d 26 (1971)

John Russell GREAVES, as trustee for the heirs of Ronnie John Greaves, Decedent, Appellant, v. David GALCHUTT, Respondent, Jennie Gilbertson, Defendant. Timothy GREAVES, Respondent, v. David GALCHUTT, Third-Party Plaintiff, Respondent, v. John Russell GREAVES and Lillian Greaves, Third-Party Defendants, Respondents.

Supreme Court of Minnesota.

February 19, 1971.

Attorney(s) appearing for the Case

Nord, Webster & Brennan, St. Paul, Magee & Hillstrom, Minneapolis, for appellant.

King, Rieke, Lommen & Cole, Minneapolis, for David Galchutt.

Taylor Law Firm and Elmer Foster, Minneapolis, for Timothy Greaves.

Robb, Van Eps & Gilmore, and Douglas Dale Reid, Jr., Minneapolis, for other respondents.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, KELLY, and FRANK T. GALLAGHER, JJ.

OPINION

OTIS, Justice.

This is an action to recover damages for the wrongful death of a child killed by a rifle discharged by a playmate. The jury found decedent had assumed the risk, and the trustee appeals from the judgment in favor of defendant.1

At the time of his death on November 13, 1965, Ronnie Greaves was 11 years of age. That morning he had as a house-guest his friend David Galchutt, one of the defendants, then...

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