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WESTERN SURETY CO. v. ADDY

No. 9120.

42 N.W.2d 660 (1950)

WESTERN SURETY CO. v. ADDY.

Supreme Court of South Dakota.

May 8, 1950.

Attorney(s) appearing for the Case

T. R. Johnson, C. J. Delbridge, Sioux Falls, Charles H. McCay, Salem, for defendant and appellant.

Tom Kirby, Blaine Simons, J. Gene Mc-Donnell, Sioux Falls, for plaintiff and respondent.

HAYES, Presiding Judge.

This action was instituted by plaintiff insurance company to recover damages for the wrongful death of Cyrus G. Graham resulting from a collision between two trucks, one being operated by deceased and the other by defendant. The plaintiff company carried workmen's compensation insurance for Graham's employer. Before bringing this suit plaintiff assumed full liability for an award of $5200 under the...

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