MITZEL v. HAUCK

No. 9840.

105 N.W.2d 378 (1960)

Harry MITZEL, by his Guardian ad litem, Barbara Mitzel, Plaintiff and Appellant, v. Ronald HAUCK, by his Guardian ad litem, Anna M. Hauck, Defendant and Respondent.

Supreme Court of South Dakota.

October 13, 1960.


Attorney(s) appearing for the Case

H. I. King, George J. Rice, Aberdeen, for plaintiff-appellant.

Agor, Bantz, Siegel & Barnett, Aberdeen, for defendant-respondent.


BIEGELMEIER, Judge.

This is an action for personal injuries suffered by plaintiff riding in a motor vehicle owned and driven by defendant while on a duck hunting trip. At the time of the accident both parties were seventeen years of age; they appeared in the action by guardians ad litem. At the close of plaintiff's case, the trial court directed a verdict for defendant for the reason plaintiff had not shown defendant's conduct was wilful and wanton as required by...

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