JENSEN v. MILLER

No. 10081.

124 N.W.2d 394 (1963)

Robert JENSEN, by Ruth Jensen, his Guardian ad Litem, Plaintiff and Respondent, v. Lawrence MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

November 12, 1963.


Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Ellsworth E. Evans, Carleton R. Hoy, Sioux Falls, for defendant and appellant.

Mundt & Weisensee, George D. Weisensee, Sioux Falls, for plaintiff and respondent.


HANSON, Presiding Judge.

In this action to recover damages for personal injuries the jury returned a verdict in favor of defendant. On plaintiff's application a new trial was granted and defendant appeals.

The accident occurred about 7:30 Sunday morning, February 11, 1962, on Highway 16 approximately 3 miles west of Sioux Falls. Daylight was just breaking, the highway was icy, and it was very foggy. The plaintiff...

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