MINNEHAHA COUNTY, S. D., v. KELLEY

No. 12985.

150 F.2d 356 (1945)

MINNEHAHA COUNTY, S. D., v. KELLEY.

Circuit Court of Appeals, Eighth Circuit.

July 11, 1945.


Attorney(s) appearing for the Case

John B. Shultz, of Sioux Falls, S. D. (John R. McDowell, of Sioux Falls, S. D., on the brief), for appellant.

Holton Davenport, of Sioux Falls, S. D. (Ellsworth E. Evans and Louis R. Hurwitz, both of Sioux Falls, S. D., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.


GARDNER, Circuit Judge.

This was an action brought by appellee, a resident and citizen of the State of California, as special administratrix of the estate of James Vere Seigfred, deceased, to recover damages for the death of said James Vere Seigfred by wrongful act. We shall refer to the parties as they appeared in the trial court.

As basis for defendant's liability, it is alleged in the complaint that plaintiff's decedent, while driving a motor vehicle northerly...

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