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TENNIS v. CITY OF STURGIS

No. 9358.

58 N.W.2d 301 (1953)

TENNIS v. CITY OF STURGIS et al.

Supreme Court of South Dakota.

April 21, 1953.

Attorney(s) appearing for the Case

E. V. Morrill, Sturgis, Tom Kirby, Jr., Sioux Falls, for appellants, City of Sturgis, South Dakota & Western Surety Co.

Helm & Bottum, and Richard Kerper, Sturgis, for claimant and respondent, Catherine Tennis.

Blaine Simons, Sioux Falls, for employer-respondent, Sturgis Volunteer Fire Department.

RUDOLPH, Judge.

Claimant is the widow of Ralph Tennis who died soon after returning home from a fire which occurred in the City of Sturgis. The Industrial Commissioner made an award under the Workmen's Compensation Law, SDC 64.0101 et seq. This award was affirmed by the circuit court. The insurance carrier has appealed.

The facts most favorable to the holding of the Commissioner are as follows: Ralph Tennis was 56 years of age. He and his wife operated a tourist...

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