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ESPELAND v. GREEN

No. 9277.

54 N.W.2d 465 (1952)

ESPELAND v. GREEN.

Supreme Court of South Dakota.

July 30, 1952.

Attorney(s) appearing for the Case

Everett A. Bogue, Vermillion, for defendant and appellant.

Oscar G. Beck, Alcester, Stordahl, May & Boe, Sioux Falls, for plaintiff and respondent.

LEEDOM, Judge.

Plaintiff admittedly a "guest" in the automobile of defendant under the "guest statute", SDC 44.0362, obtained a judgment in circuit court for injuries received in an automobile accident. Plaintiff's claim of "wilful and wanton misconduct" on the part of defendant is predicated on the premise that defendant deliberately transported plaintiff notwithstanding defendant suffered momentary periods of unconsciousness due to the malady "petit mal" and thereby...

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