GROSZ v. GROTH

No. 9790.

102 N.W.2d 834 (1960)

Emil GROSZ, Plaintiff and Appellant, v. Ole GROTH and Marie M. Groth, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied June 8, 1960.


Attorney(s) appearing for the Case

Shandorf & Slocum, Mitchell, for plaintiff and appellant.

Morgan & Fuller, Mitchell, for defendants and respondents.


SMITH, Judge.

This litigation arose out of a collision of motor vehicles at an intersection of country roads. Under instructions not presented for review, the jury returned a verdict for plaintiff. Predicated upon a motion for a directed verdict, and a subsequent motion for judgment n. o. v., the trial court entered judgment for defendant. Plaintiff has appealed. The ultimate question for decision is whether the manifest negligence of plaintiff was a substantial factor...

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