SUTOR v. ROGOTZKE

No. 42802.

194 N.W.2d 283 (1972)

Bernice A. SUTOR, as trustee of the next of kin of William M. Sutor, deceased, Respondent, v. Daniel Dean ROGOTZKE, by Elvin Rogotzke, his guardian ad litem, Appellant.

Supreme Court of Minnesota.

February 4, 1972.


Attorney(s) appearing for the Case

P. M. Meehl and Irving J. Wiltrout, Marshall, for appellant.

Gordon D. Paterson, Marshall, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and HACHEY, JJ.


OPINION

OTIS, Justice.

This is an action for death by wrongful act arising out of a hunting accident. The jury found for defendant. The trial court granted a new trial on the ground it was error to deny plaintiff's requested instruction on res ipsa loquitur. Defendant appeals and we affirm.

On October 13, 1968, decedent, William Sutor, was duck hunting in a slough near the city of Springfield, Brown County. Defendant, Daniel Dean Rogotzke, then 17...

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