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BURKARD v. CITY OF DELL RAPIDS

No. 9519.

72 N.W.2d 308 (1955)

Robert BURKARD, Plaintiff and Appellant, v. CITY OF DELL RAPIDS, a Municipal Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

October 12, 1955.

Attorney(s) appearing for the Case

Blaine Simons, P. O. Schiager, Sioux Falls, for plaintiff and appellant.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent.

ROBERTS, Judge.

Plaintiff instituted this action to recover for personal injuries sustained as the result of the alleged negligence of the defendant city in failing properly to maintain a gas plant owned and operated by it. Plaintiff appeals from an adverse judgment entered upon motion of the city for judgment upon the pleadings.

The city in its answer alleged that plaintiff failed to give written notice of the time, place and cause of his injuries within...

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