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ALLEN v. MARTLEY

No. 9662.

87 N.W.2d 355 (1958)

Wade ALLEN, Plaintiff and Respondent, v. Harry F. MARTLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied February 14, 1958.

Attorney(s) appearing for the Case

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

H. F. Fellows and Lynden D. Levitt, Rapid City, for plaintiff-respondent.

HANSON, Judge.

This is an action for personal injuries involving a pedestrian-automobile accident. The issues were submitted to a jury which returned a verdict in favor of plaintiff in the amount of $9,815.95. The defendant appeals.

The accident occurred October 7, 1955, approximately 15 miles east of Rapid City on U. S. Highway 14-16. Viewing the evidence in the light most favorable to the plaintiff, Wade Allen, it appears he was then 60 years of age and...

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