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SCHROEDER v. DONLIN

No. 9925.

111 N.W.2d 609 (1961)

Robert SCHROEDER and Edith Schroeder, as Guardians of the Person and Estate of Patrick Schroeder, a Minor, Plaintiff and Respondents, v. Louis E. DONLIN, Defendant and Appellant.

Supreme Court of South Dakota.

November 10, 1961.

Attorney(s) appearing for the Case

Gene E. Pruitt and Acie W. Matthews, Sioux Falls, for defendant-appellant.

Royhl, Benson & Beach, Huron, for plaintiffs-respondents.

BIEGELMEIER, Judge.

Defendant trucker is an uncle of four-year-old Patrick Schroeder. In carrying on his business, defendant owns a truck and an auger-elevator loader which is mounted on two wheels. It consists of a six-inch tube 27 feet long inside which there is an auger that elevates the grain from the bottom to the top. The auger is powered by a six-horsepower engine. The bottom 18 inches of the auger is covered by a sleeve when not in use. On the sleeve the word...

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