Krise v. Gillund

STRUTZ, Chief Justice,

on reassignment.

This action arose out of a head-on collision of motor vehicles in which the driver of one, the plaintiff’s decedent, was fatally injured. The plaintiff, as surviving wife, brings this action under the provisions of Section 32-21-03, North Dakota Century Code, for herself and for the minor children of the parties, to recover damages for her husband’s death.

The case was tried to the court without a jury. The parties agreed in open court that, in accordance with Rule 42(b) of the North Dakota Rules of Civil Procedure, a separate trial should be had on the…