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TENNYSON v. KERN

No. 9515.

74 N.W.2d 316 (1956)

Larry TENNYSON by Knute Tennyson, his guardian ad litem, Plaintiff and Appellant, v. Fred KERN, by Jean Kern, his guardian ad litem, Defendant and Respondent.

Supreme Court of South Dakota.

January 10, 1956.

Attorney(s) appearing for the Case

George A. Bangs, W. A. McCullen, Joseph M. Butler, Rapid City, for plaintiff and appellant.

Whiting, Lynn & Freiberg, Rapid City, for defendant and respondent.

SMITH, Judge.

Plaintiff's complaint alleges that while the infant plaintiff was a passenger for compensation in an automobile driven by defendant, Fred Kern, the defendant operated such motor vehicle in a negligent manner so as to drive the same off the highway and cause same to upset and that as a result thereof plaintiff suffered described serious and permanent injuries. The answer admits the accident; denies that defendant was negligent or that plaintiff was a...

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