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KUHN v. WATERTOWN CEMENT PRODUCTS CO.

No. 9475.

68 N.W.2d 241 (1955)

Jerome KUHN, a Minor, by His Guardian, Walter H. Kuhn, Plaintiff-Appellant, v. WATERTOWN CEMENT PRODUCTS CO., a Corporation, Defendant-Respondent, and Third-Party Plaintiff, John ENDERS, Third-Party Defendant.

Supreme Court of South Dakota.

February 3, 1955.

Attorney(s) appearing for the Case

McFarland & Paterson, Watertown, for plaintiff-appellant.

Davenport, Evans, Hurwitz & Smith and Robert C. Heege, Sioux Falls, and Loucks, Oviatt & Bradshaw, Watertown, for defendant-respondent.

RUDOLPH, Judge.

This action was brought in behalf of Jerome Kuhn, a minor. Jerome was injured while a silo was being constructed by defendant and it was sought to recover damages for the injury. A jury returned a verdict for defendant and plaintiff has appealed.

There is little dispute in the facts. At the time the accident occurred Jerome was 12 years of age. He was apparently a normal boy of that age. He was visiting at the farm of his uncle, John Enders...

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