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KELLER v. VERMEER MANUFACTURING COMPANY

Civ. No. 10590.

360 N.W.2d 502 (1984)

Ronald A. KELLER, Plaintiff and Appellee, v. VERMEER MANUFACTURING COMPANY, Defendant and Appellant. Tom Alme, Liberty Mutual Insurance Company and White & White Inspection and Audit Service, Inc., Defendants.

Supreme Court of North Dakota.

December 19, 1984.

Attorney(s) appearing for the Case

McIntee Law Firm, Towner, and Breidenbach, Swainston, Yokaitis & Crispo, Los Angeles, Cal., for plaintiff and appellee Ronald A. Keller; argued by Francis Breidenbach, Los Angeles, Cal. Appearance by Michael S. McIntee, Towner.

Nilles, Hansen, Magill & Davies, Fargo, for Vermeer Manufacturing Company and Tom Alme; argued by W. Todd Haggart, Fargo.

McGee, Hankla, Backes & Wheeler, Minot, for defendant White & White Inspection and Audit Service, Inc.; argued by Richard H. McGee, Minot.

Faegre & Benson, Minneapolis, Minn., for defendant Liberty Mutual Insurance Company; argued by G. Alan Cunningham, Minneapolis, Minn.

SAND, Justice.

Vermeer Manufacturing Company has appealed from a judgment entered against it in favor of Ronald A. Keller and from an order denying Vermeer's objections to the allowance of Keller's costs and disbursements. This appeal raises issues with regard to a jury instruction on momentary forgetfulness of a known danger, evidentiary rulings, and costs and disbursements allowed to the prevailing party. We affirm.

This case arises out of the operation...

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