WENTZ v. DESETH

Civ. No. 8899.

221 N.W.2d 101 (1974)

Arlan WENTZ, by his next friend, Dennis Wentz, Plaintiff and Appellant, v. Leland DESETH, Defendant and Appellee.

Supreme Court of North Dakota.

June 26, 1974.


Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for plaintiff and appellant.

Traynor & Rutten, Devils Lake, for defendant and appellee.


VOGEL, Judge.

The plaintiff, Wentz, has appealed from an order denying his motion for judgment notwithstanding the verdict or in the alternative for a new trial. He alleges that the evidence is insufficient to sustain a verdict of dismissal of his complaint and that the trial court erred in instructing the jury on the defense of assumption of risk.

Wentz brings the action against his eighth-grade teacher, Deseth, for burns suffered while in school, during...

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