Supreme Court of Minnesota December 10, 1969, 42167 (Peterson v. City of Minneapolis)

Knutson, Chief Justice.

This is an appeal from an order denying plaintiff’s motion for a new trial.

For the purposes of this appeal the following facts have been stipulated by the parties:

“On April 24, 1967, at or about 1:45 P.M. on said day, Julius Peterson, a.k.a. Helmer J.