Kinnischtzke v. City of Glen Ullin

Morris, Ch. J.

On rehearing. "We granted a rehearing at which the case was reargued in behalf of both parties as to all nonprocedural questions. The appellant challenges the correctness of our decision as a departure from the rule that in North Dakota municipalities are not liable for tort under these decisions : Vail v. Town of Amenia, 4 ND 239, 59 NW 1092; Montain v. City of Fargo, 38 ND 432, 166 NW 416, LRA1918C 600, Ann Cas 1918D 826; Moulton v. City of Fargo, 39 ND 502, 167 NW 717, LRA1918D 1108; Hadler v. North West Agricultural, Live Stock & Fair Ass’n, 61 ND 647, 239 NW 736; Holgerson…