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SCHLIM v. GAU

No. 10039.

125 N.W.2d 174 (1963)

Eugene SCHLIM, Plaintiff and Appellant, v. Cletus GAU, Defendant and Respondent.

Supreme Court of South Dakota.

December 13, 1963.

Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, for plaintiff and appellant.

Stephens, Riter & Mayer and Robert D. Hofer, Pierre, for defendant and respondent.

RENTTO, Judge.

The plaintiff Schlim was injured while riding in his own car, which at the time it ran off the highway and collided with a tree, was being driven by the defendant Gau at the request of the plaintiff. In this action he seeks damages for injuries to his person which he claims were caused by the negligent manner in which Gau drove the car. The trial court directed a verdict for the defendant on the ground that Schlim at the time he suffered his injuries...

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