DANIELS v. MOSER

No. 9487.

71 N.W.2d 739 (1955)

Charles DANIELS, also known as Charley Daniels, Plaintiff and Appellant, v. E. B. MOSER, Defendant and Respondent.

Supreme Court of South Dakota.

August 29, 1955.


Attorney(s) appearing for the Case

Raymond Hieb, Ipswich, H. I. King, Jr., Aberdeen, for plaintiff and appellant.

Morrison & Skaug, Mobridge, for defendant and respondent.


SMITH, Judge.

The trial court entered judgment for defendant notwithstanding the verdict in favor of plaintiff. The narrow question presented by plaintiff's appeal is whether the evidence is sufficient to support the jury's determination that defendant was negligent. Under settled principles we view the evidence, and the inferences legitimately to be drawn therefrom, in the light most favorable to plaintiff.

Plaintiff was seated on a small load of hay in defendant...

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