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PIPER v. BARBER TRANSPORTATION CO.

No. 9866.

112 N.W.2d 329 (1961)

Edward C. PIPER, Plaintiff and Respondent, v. BARBER TRANSPORTATION CO., Defendant and Appellant.

Supreme Court of South Dakota.

December 4, 1961.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant-appellant.

G. F. Johnson, Gregory, Wm. F. Day, Jr., Maule & Maule, Winner, for plaintiff-respondent.

SMITH, Presiding Judge.

A transport truck of defendant overtook and ran upon a farm tractor operated by plaintiff on U. S. Highway 18 near Okreek in Todd County, South Dakota, on October 6, 1956. Plaintiff was thrown backward high in the air and landed on his lower back on the blacktop highway. A protruding intervertebral disk subsequently developed which necessitated surgery to remove the disk and fuse the two lowest vertebrae with the sacrum. In this action plaintiff...

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