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FRYDA v. VESELY

No. 10037.

123 N.W.2d 345 (1963)

James L. FRYDA, Plaintiff and Respondent, v. Frank VESELY, Defendant and Appellant.

Supreme Court of South Dakota.

September 24, 1963.

Attorney(s) appearing for the Case

Cherry, Braithwaite & Cadwell, Sioux Falls, for defendant and appellant.

John A. Engel, Avon, Ray Post, Tyndall, for plaintiff and respondent.

RENTTO, Judge.

This motor vehicle collision case concerns the application of our comparative negligence statute. On special interrogatories the jury found that plaintiff's contributory negligence was 20% of the total combined negligence proximately causing the injury and that defendant's negligence was 80% of it. Accordingly the jury awarded plaintiff a verdict for $4,000 after finding that his total damage was $5,000. Defendant appeals from the judgment entered on...

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