Opinion

Wentz Ex Rel. Wentz v. Deseth

221 N.W.2d 101

Court: North Dakota Supreme Court
Filed: Jun 26, 1974
Status: Published
Author: Knudson
On the bench: Vogel, Knudson, Teigen, Erickstad, Paulson
Cited by: 27 cases

Distinguished

Distinguished by Layman v. Braunschweigische Maschinenbauanstalt, Inc., 1983 N.D. LEXIS 434 (1983)
Wentz is clearly distinguishable from the instant case.
North Dakota Supreme CourtDec 29, 1983Read it

The opinion

KNUDSON, Judge

(dissenting).

I concur in the opinion of the majority to the extent that I believe that it was error for the trial court to instruct the jury on assumption of risk, but I believe that it was error without prejudice as there is, in my opinion, no evidence to support a finding of negligence on the part of the defendant. Accordingly, I would affirm the judgment of dismissal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.