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SERLES v. BRAUN

No. 9932.

113 N.W.2d 216 (1962)

Wallace M. SERLES, Plaintiff and Appellant, v. Ernest BRAUN and Albert Nadvornick, Defendants and Third-Party Plaintiffs, Respondents, v. Delbert L. VERRY, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

February 6, 1962.

Attorney(s) appearing for the Case

Lacey & Parliman, Sioux Falls, Stephens & Brandenburg, Belle Fourche, for plaintiff and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for defendants and respondents.

Overpeck, Hamblin & Mueller, Belle Fourche, for third party defendant and respondent.

ROBERTS, Judge.

This litigation arose out of a motor vehicle accident which occurred about 8:25 p. m. on July 12, 1958, on U. S. Highway 85 approximately twenty-two miles north of Belle Fourche.

Plaintiff alleges that he was a passenger in an automobile being driven in a careful and prudent manner; that defendant, Albert Nadvornick, had been operating a truck tractor and semi-trailer owned by defendant, Ernest Braun, in a northerly direction on such highway...

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