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  5. 45 N.W.2d 839 (1951)
 

NORMAN v. CUMMINGS

Nos. 9109, 9110.

45 N.W.2d 839 (1951)

NORMAN v. CUMMINGS et al. CROUSE v. CUMMINGS et al.

Supreme Court of South Dakota.

Rehearing Denied March 28, 1951.

Attorney(s) appearing for the Case

Bellamy, Eastman & Christol, and Bangs & McCullcn and Robert W. Gunderson, all of Rapid City, for appellant, Eastern Clay Products, Inc.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, and John T. McIntyre, Casper, Wyo., for respondents, Robert T. Norman and Clayton Crouse.

SICKEL, Judge.

One of these actions was brought by Robert T. Norman as plaintiff and the other by Clayton Crouse as plaintiff. Walter Cummings and Eastern Clay Products, Incorporated, are defendants in both cases.

On the morning of October 15, 1947, defendant Cummings was driving a light truck westward out of Belle Fourche on United States Highway Number 212, carrying eleven men, including himself, all employees...

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