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SCHOENROCK v. EIB

No. 9488.

71 N.W.2d 82 (1955)

Betty Rae SCHOENROCK, Special Administratrix of the Estate of Keith G. Schoenrock, Deceased, Plaintiff and Appellant, v. Roy EIB and Ivan Thompson, Defendants, Roy Eib, Respondent.

Supreme Court of South Dakota.

June 28, 1955.

Attorney(s) appearing for the Case

John M. Theodosen, Garretson, R. G. May, Sioux Falls, for plaintiff and appellant.

James R. Adams, Sioux Falls, Davenport, Evans, Hurwitz & Smith, Sioux Falls, Samuel W. Masten, Canton, for defendant and respondent, Roy Eib.

RUDOLPH, Presiding Judge.

The question presented by this appeal is whether the conduct of the defendant, Eib, in mingling with members of the jury during recesses of court requires a new trial. The trial court denied a motion for a new trial and plaintiff has appealed.

The facts are as follows: Plaintiff brought this action against the defendants Eib and Thompson to recover damages for the alleged wrongful death of her husband. The jury returned a verdict...

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