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STOLL v. HAWKEYE CAS. CO. OF DES MOINES, IOWA

No. 14384.

193 F.2d 255 (1952)

STOLL v. HAWKEYE CAS. CO. OF DES MOINES, IOWA.

United States Court of Appeals Eighth Circuit.

January 9, 1952.

Attorney(s) appearing for the Case

H. L. Fuller, Sioux Falls, S. D. (C. L. Morgan, H. T. Fuller, Mitchell, S. D., M. T. Woods, J. B. Shultz, T. M. Bailey, Jr., and F. M. Smith, all of Sioux Falls, S. D., on the brief), for appellant.

Gale B. Braithwaite, Sioux Falls, S. D. (M. Q. Sharpe, Kennebec, S. D., and Joe W. Cadwell, Sioux Falls, S. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

Joyce Stoll, who will be referred to as the plaintiff, was injured on September 19, 1947, in Chamberlain, South Dakota, when a pickup motor truck driven by Emil Wagaman, and owned by Walter Manhalter, tipped over while she, at the invitation of Wagaman, was riding on a running board of the truck.

She sued both the owner and the driver of the truck for damages in a State court of South Dakota. She obtained a judgment only against Wagaman...

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