BARNHART v. AHLERS

No. 9899.

110 N.W.2d 125 (1961)

Hobart E. BARNHART, Plaintiff and Appellant, v. Alvin F. AHLERS, Defendant and Respondent.

Supreme Court of South Dakota.

July 11, 1961.


Attorney(s) appearing for the Case

Lacey & Parliman, Arnold Pfeiffer, Sioux Falls, for plaintiff and appellant.

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


HANSON, Judge.

In this automobile collision case the jury awarded plaintiff a verdict of $2,175 for personal injuries and property damage. Afterwards the trial court granted defendant's motion for judgment notwithstanding the verdict and plaintiff appeals.

Although requested by plaintiff the trial court refused to instruct the jury on our comparative negligence law. This does not foreclose its application here as...

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