Willmar Gas Co. Inc. v. Duininck

Christianson, Justice.

This is an action for damages sustained by plaintiff as the result of a break in one of its service pipes allegedly caused by defendants’ negligence. After the jury had returned a verdict, for plaintiff, defendants made an alternative motion for judgment or a new trial. The trial court granted defendants’ motion for judgment notwithstanding the verdict, and plaintiff appeals from that order.

Plaintiff, a Minnesota corporation, maintains a gas distribution system in the city of Willmar. In 1930, an east-west gas main, which had originally been installed on Benson avenue…