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WITTMEIER v. POST

No. 9825.

105 N.W.2d 65 (1960)

Christof J. WITTMEIER, Special Administrator of the Estate of Rodney Reed Wittmeier, Deceased, Plaintiff and Appellant, v. Charles POST, Defendant and Respondent. Theodore SVANDA, Special Administrator of the Estate of Ronald Lee Svanda, Deceased, Plaintiff and Appellant, v. Charles POST, Defendant and Respondent.

Supreme Court of South Dakota.

September 30, 1960.

Attorney(s) appearing for the Case

Morgan & Fuller, Mitchell, Robert W. Hirsch, Tripp, for plaintiffs and appellants.

John A. Engel, Avon, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and respondents.

HANSON, Judge.

Two wrongful death actions arising out of the same fatal accident were consolidated for trial and have been appealed here in one proceeding. Plaintiffs' decedents, Rodney Wittmeier and Ronald Svanda, were killed on November 6, 1957 while riding as passengers in an automobile driven by the defendant, Charles Post. Defendant's cousin, Frank Post, was also a passenger in the car. All of the boys were fifteen...

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