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VAUGHN v. PAYNE

No. 9394.

63 N.W.2d 798 (1954)

VAUGHN v. PAYNE.

Supreme Court of South Dakota.

April 7, 1954.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Royhl & Benson, Huron, Cloyd D. Sterling, Redfield, for defendant and respondent.

RUDOLPH, Judge.

Plaintiff brought this action to recover damages sustained by a tractor unit of which he was the owner. The jury returned a verdict for defendant and plaintiff has appealed.

The facts so far as material to our discussion are as follows: At the time of the accident upon which this action is predicated plaintiff's tractor was being operated by one Reiter and was pulling a gasoline tank of the Midwest...

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