MELICHAR v. FRANK

No. 9771.

98 N.W.2d 345 (1959)

William H. MELICHAR, Plaintiff and Appellant, v. Dale FRANK and Kenneth Drey, Defendants and Respondents.

Supreme Court of South Dakota.

October 1, 1959.


Attorney(s) appearing for the Case

G. F. Johnson, Gregory, for plaintiff-appellant.

J. W. Grieves, Winner, for defendants-respondents.


SMITH, Judge.

An automobile, owned and driven by plaintiff, came into collision with an automobile owned by defendant Frank and driven by defendant Drey. Thereafter plaintiff brought this action seeking to recover the damages resulting to his automobile on the theory that the collision was caused by the negligence of Drey while acting within the scope of his employment as the agent of Frank.

After interposing his answer the defendant Frank moved the trial...

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