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DOHRMAN v. LAWRENCE COUNTY

No. 10276.

143 N.W.2d 865 (1966)

William DOHRMAN, Special Administrator of Donald Zimmerman, Deceased, Plaintiff and Appellant, v. LAWRENCE COUNTY, South Dakota, the County Commissioners of Lawrence County, South Dakota, and Richard A. Curtis, as Highway Superintendent of Lawrence County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

July 1, 1966.

Attorney(s) appearing for the Case

Milek & Brown, Sturgis, for plaintiff and appellant.

Costello, Porter, Hill, Banks & Nelson, Rapid City, D. O. Dillavou, Lawrence County State's Atty., Deadwood, for defendants and respondents.

HOMEYER, Judge.

In this action, plaintiff as special administrator of the estate of Donald Zimmerman, deceased, seeks damages for an alleged wrongful death from the defendants, Lawrence County and its highway superintendent. A motion to dismiss made in the defendants' answer and heard before trial was granted and the plaintiff appeals.

The complaint alleges the decedent on September 30, 1962, was driving an automobile on a county road about four miles west...

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