Wells v. Stanley J. Thill and Associates, Inc.

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

*30The plaintiffs brought this action in the district court to recover damages for personal injuries. Upon defendants’ motions to dismiss, the trial judge determined to treat the motions as motions for summary judgment under Buie 12(b) (6), M.B.Civ.P., and ordered summary judgment entered against the plaintiffs. From this order the plaintiffs appeal.

Plaintiffs were injured in a 1964 trench cave-in while employed by an independent contractor, Fedco, Inc., who, in turn, had been hired by the respondent City of Belt to construct…