# Wentz Ex Rel. Wentz v. Deseth

> North Dakota Supreme Court · June 26, 1974 · 221 N.W.2d 101

URL: https://www.frixlaw.com/law-library/cases/9688189

## Case

- **Full name:** Arlan WENTZ, by His Next Friend, Dennis Wentz, Plaintiff and Appellant, v. Leland DESETH, Defendant and Appellee
- **Court:** North Dakota Supreme Court
- **Decided:** June 26, 1974
- **Citations:** 221 N.W.2d 101
- **Precedential status:** Published
- **Opinion:** Dissent by Knudson
- **Judges:** Vogel, Knudson, Teigen, Erickstad, Paulson
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9688189

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688189. Public record. Not legal advice.