Kern v. Art Schimkat Construction Co.

STRUTZ, Judge (on reassignment).

This is an action for damages for personal injuries suffered by the plaintiff when the car in which he was riding, owned by him and operated by the third-party defendant, Dickey, was driven into a dropoff in the highway. The record discloses that the plaintiff, who is chief of police of the city of Bismarck, wanted to sell his 1958 Cadillac automobile. On the evening of September 23, 1959, he, with another Bismarck police officer, drove to New Salem for the purpose of attempting to sell his automobile to the third-party defendant who resided in that city. From…