CHERNOTIK v. SCHRANK

No. 9596.

79 N.W.2d 4 (1956)

Janet Helen CHERNOTIK, an Infant, by Jerry Chernotik, her guardian ad litem, Plaintiff and Appellant, v. DeAnn SCHRANK, Defendant and Respondent.

Supreme Court of South Dakota.

November 1, 1956.


Attorney(s) appearing for the Case

L. E. Schreyer, Lake Andes, Kirby, Simons, McDonnell & Kirby, by Blaine Simons, Sioux Falls, for plaintiff and appellant.

Davenport, Evans, Hurwitz & Smith and Robert C. Heege, Sioux Falls, Robert E. Barnhart, Armour, for defendant and respondent.


SMITH, Judge.

While riding as a "guest" of defendant "without compensation" plaintiff received severe injuries when the automobile went out of control and overturned. Her cause was submitted to a jury and verdict for plaintiff was returned. On the theory that the evidence is insufficient to establish that plaintiff's injuries resulted from the "willful and wanton misconduct" of defendant as required by SDC 44.0362, the trial court entered judgment n. o. v. for defendant...

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