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JERAULD COUNTY v. SAINT PAUL-MERCURY INDEMNITY CO.

No. 9501.

71 N.W.2d 571 (1955)

JERAULD COUNTY, a quasi municipal corporation of the State of South Dakota, Plaintiff and Respondent, v. SAINT PAUL-MERCURY INDEMNITY COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied September 3, 1955.

Attorney(s) appearing for the Case

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

Charles R. Hatch, Wessington Springs, for plaintiff and respondent.

RENTTO, Judge.

The respondent Jerauld County pursuant to the provisions of SDC 27.19 and acts supplementary thereto, established and maintained a county hospital designated and known as Memorial Hospital. It was managed by a Board of Trustees. The trustees bought public liability insurance from the appellant indemnifying the hospital against loss by reason of liability imposed by law or contract in the operation of the hospital. This action was brought to recover...

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