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MILLARD v. BAKER

No. 9571.

81 N.W.2d 892 (1957)

James E. MILLARD, Plaintiff and Respondent, v. Raymond V. BAKER, d/b/a Bakertrux, Frank Wurnig, d/b/a Wurnig Bottling Company, Stanley G. Scott, Falls Distributing Company, a partnership, John T. Nelson, John T. Nelson, Jr., and Harvey L. Anderson, Defendants, of which Frank Wurnig, d/b/a Wurnig Bottling Company is Appellant.

Supreme Court of South Dakota.

March 25, 1957.

Attorney(s) appearing for the Case

Boyce, Warren, Murphy & McDowell, Sioux Falls, for defendant and appellant, Frank Wurnig.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and respondent.

RUDOLPH, Judge.

Plaintiff brought this action against several defendants to recover damages sustained in an automobile accident. The jury returned a verdict for plaintiff against the defendants Wurnig, Baker and Scott. The defendant Wurnig has appealed.

The facts so far as here material are as follows: Baker operating his business under the name of "Bakertrux" owned a fleet of motor trucks and maintained a pool of drivers to operate them. The truck involved...

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