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CREAGER v. AL'S CONSTRUCTION COMPANY

No. 9432-r.

68 N.W.2d 484 (1955)

G. G. CREAGER, Plaintiff and Respondent, v. AL'S CONSTRUCTION COMPANY, a Corporation, and Delbert Spoonemore, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied March 8, 1955.

Attorney(s) appearing for the Case

Morrison & Skaug, Mobridge, and H. F. Fellows, Rapid City, for plaintiff and respondent.

Martens, Goldsmith & May Pierre, and Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellants.

BAKEWELL, Circuit Judge.

This action arising from a collision between plaintiff's automobile and defendant's truck resulted in a verdict and judgment for the plaintiff. The case was submitted to the jury under SDC Supp. 47.0304-1 our comparative negligence statute. The question presented by the appeal is whether the plaintiff was guilty of more than slight contributory negligence as a matter of law.

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