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ROUSH v. TOWN OF ESMOND

No. 9096.

43 N.W.2d 547 (1950)

ROUSH v. TOWN OF ESMOND.

Supreme Court of South Dakota.

Rehearing Denied September 28, 1950.

Attorney(s) appearing for the Case

Harry J. Eggen, De Smet, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

Royhl & Benson, Huron, for claimant and respondent.

SMITH, Judge.

Whether the proof established the relation of employer and employee between the town of Esmond, a municipal corporation of the third class, SDC 45.0102, and the claimant, Cecil Roush, is the principal question presented by this appeal from an award of workmen's compensation under the provisions of SDC 64.

The town of Esmond had formerly operated an electric utility. The system had been abandoned in anticipation of service to the community by...

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