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DOYEN v. LAMB

No. 9330.

59 N.W.2d 550 (1953)

DOYEN v. LAMB.

Supreme Court of South Dakota.

June 25, 1953.

Attorney(s) appearing for the Case

Sherwood & Sherwood, Clark, Austin & Hinderaker, Watertown, for defendant and appellant.

Harry Eggen, DeSmet, Woods, Fuller, Shultz & Smith and John B. Shultz, Sioux Falls, for plaintiff and respondent.

RUDOLPH, Judge.

Following our decision in Doyen v. Lamb, S.D., 49 N.W.2d 382, the trial court entered judgment for the plaintiff upon the verdict of the jury. The defendant has appealed.

The facts are set forth in our prior opinion. Defendant contends that the trial court erred in submitting the case to the jury.

The first alleged error relates to an instruction on the contributory negligence of the child, David Doyen, who was of the age of 5 years...

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