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PLEINIS v. WILSON STORAGE AND TRANSFER COMPANY

No. 9442-a.

66 N.W.2d 68 (1954)

John PLEINIS, as Administrator of the Estate of Jacob E. Schlaht, Jr., Deceased, Plaintiff and Appellant, v. WILSON STORAGE AND TRANSFER COMPANY, a corporation, Thomas Mauck and Walter Klingman, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied November 17, 1954.

Attorney(s) appearing for the Case

W. M. Potts, Mobridge, R. W. Tschetter, McLaughlin, for appellant.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and respondents.

RUDOLPH, Judge.

Jacob E. Schlaht, Jr., was killed when his car collided with the rear of a truck owned by the defendant, Wilson Storage and Transfer Company, and operated by defendant, Walter Klingman. This is an action for wrongful death brought under the provisions of SDC Supp. 37.2201 and 37,2203. The trial court directed a verdict in favor of defendants and plaintiff has appealed.

The accident occurred on Highway 12 west of Mobridge. Klingman was driving...

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