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ALLEN v. McLAIN

No. 9430-a.

69 N.W.2d 390 (1955)

Alda Mae ALLEN (Now Alda Mae Lewison), Plaintiff and Respondent, v. Forrest McLAIN, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied May 20, 1955.

Attorney(s) appearing for the Case

Lacey & Parliman, Sioux Falls, for plaintiff and respondent.

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

LEEDOM, Judge.

This matter has been before the court previously. It is an action by a guest passenger against the owner of an automobile for damages arising from personal injuries sustained when the automobile overturned. When the case was first tried the jury returned a verdict for the defendant. The trial court then granted plaintiff's motion for a new trial. The first appeal was by the defendant from that order. We affirmed...

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