Willert v. Nielsen

ERICKSTAD, Judge.

We have before us an appeal by the plaintiff, Helen Willert, from a judgment of the District Court of Cass County which dismissed her cause of action and from an order of that court denying her motion for new trial.

Helen Willert is the mother of seven-year-old Cathleen Schumacher, who was struck and injured by an automobile driven by the defendant, Kenneth N. Nielsen, on February 28, 1964, as she crossed Tenth Street at the pedestrian crosswalk near Third Avenue North in Fargo. As a result of the injuries she suffered in the accident, Cathleen died on February 29, 1964. Mrs.…