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McDONNEL v. LAKINGS

No. 9785.

99 N.W.2d 799 (1959)

Merle McDONNEL, Plaintiff and Appellant, v. Harlan LAKINGS, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied January 8, 1960.

Attorney(s) appearing for the Case

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

John B. Shultz of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and respondent.

BIEGELMEIER, Judge.

Plaintiff sued for injuries received when he stopped his 1955 Plymouth at a stop light on West 12th Street in Sioux Falls and the rear of his auto was hit by a truck driven by defendant. The jury returned a verdict for plaintiff for $4,500 on which the trial court entered judgment. Plaintiff made a motion for a new trial which was denied and appeals from this order and the judgment.

Plaintiff contends that the trial court erred in submitting...

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