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STONER v. EGGERS

No. 9671.

92 N.W.2d 528 (1958)

James STONER, Plaintiff and Appellant, v. Ernest EGGERS, Defendant and Respondent.

Supreme Court of South Dakota.

October 20, 1958.

Attorney(s) appearing for the Case

Arend E. Lakeman, Mobridge, for plaintiff-appellant.

A. Coe Frankhauser, Gettysburg, for defendant-respondent.

HANSON, Judge.

This personal injury action brought by an employee against his employer has been tried twice in circuit court. The first trial resulted in a verdict for plaintiff in the amount of $2,130. A new trial was granted. The court directed a verdict for defendant in the second trial. Plaintiff appeals contending the negligence of defendant was a question of fact for the jury and not one of law for the court.

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