Gerster v. Special Administrator for the Estate of Wedin

MacLaughlin, Justice.

This action arose out of a fire which occurred in Bloomington, Minnesota, in April 1968. The jury returned a verdict in favor of both plaintiffs, and they appeal to this court from the judgment entered pursuant to an order granting judgment notwithstanding the verdict.

The facts are undisputed. The fire occurred in the Blooming-ton apartment of Warren B. Wedin, who died in the fire. At the time of the fire, decedent was 64 years old and retired. His apartment abutted that of plaintiff Michael B. Gerster and was located within the apartment complex belonging to plaintiff…