OLSON v. ALTEMUS

No. 9715-a.

93 N.W.2d 7 (1958)

Esther OLSON, Plaintiff and Respondent, v. Grace ALTEMUS, Administratrix of the Estate of Charles W. Altemus, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

November 19, 1958.


Attorney(s) appearing for the Case

Hanley, Costello & Porter, Rapid City, for defendant and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and respondent.


BOGUE, Judge.

The plaintiff sustained personal injuries and property damage as a result of an automobile collision. Defendant's decedent was killed by reason of this collision and defendant was thereafter appointed as administratrix of the estate. The defendant appeals from a judgment awarding damages to the plaintiff.

No claim was filed in the county court wherein the decedent's estate is being probated nor presented to defendant as administratrix before...

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