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Leake v. Hagert

Supreme Court of North Dakota
175 N.W.2d 675 (1970)


Facts

On October 25, 1966, Allen Leake (plaintiff) was driving his tractor and plow on a public highway after sunset. Charlotte Hagert (defendant) drove her car into the rear of Leake’s plow, which was being towed by his tractor. Leake sued Hagert, alleging that her negligence was the sole and proximate cause for his personal injuries and the damages to his plow and tractor. Hagert counterclaimed, alleging that the sole and proximate cause of the crash was Leake’s negligence. At trial, the trial court admitted testimony from Edward Gross, an adjuster who conducted an investigation of the accident. Gross testified that he spoke to Leake’s son, who told him that a rear red light on the tractor had been broken for some time. At least three other witnesses testified about the condition of the rear red light. The jury returned a verdict dismissing both Leake’s and Hagert’s claims. Leake filed a motion for a new trial, which the trial court denied. Leake appealed the dismissal and the denial of his motion.

Rule of Law

Issue

Holding and Reasoning (Paulson, J.)

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