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LOONAN LUMBER COMPANY v. WANNAMAKER

No. 10176.

131 N.W.2d 78 (1964)

LOONAN LUMBER COMPANY, a Corporation, Plaintiff and Respondent, v. Silas E. WANNAMAKER, Defendant and Appellant.

Supreme Court of South Dakota.

October 22, 1964.

Attorney(s) appearing for the Case

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

Danforth, Danforth & Johnson, Sioux Falls, for plaintiff and respondent.

HOMEYER, Judge.

In this negligence action tried to the court plaintiff was awarded damages. Defendant appeals from the judgment. The single issue for review is whether the evidence is sufficient to sustain a finding of negligence.

Defendant was an employee of the South Dakota Highway Department and on June 4, 1963, was engaged in mowing weeds along U.S. Highway No. 77, north of Sioux Falls. The mowing unit consisted...

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