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GUSTAFSON v. GATE CITY CO-OP CREAMERY

Nos. 10062, 10067.

126 N.W.2d 121 (1964)

Mrs. Genevieve GUSTAFSON, Plaintiff and Respondent, v. GATE CITY CO-OP CREAMERY, Defendant and Appellant. Mrs. Genevieve GUSTAFSON, Plaintiff and Cross-Appellant, v. GATE CITY CO-OP CREAMERY, Defendant and Cross-Respondent.

Supreme Court of South Dakota.

January 30, 1964.

Attorney(s) appearing for the Case

Horace R. Jackson, of Whiting, Lynn, Freiberg & Shultz, Rapid City, for defendant and appellant.

E. G. Brown, of Milek & Brown, Sturgis, for plaintiff and respondent; Maurice McKee, Rapid City, on the brief.

BIEGELMEIER, Presiding Judge.

Plaintiff purchased, at a retail store, a pound of butter manufactured by defendant creamery. Having eaten some of it, she brought an action claiming fragments of glass therein had caused her physical injury and mental anguish. The complaint contained her claims in several counts. The trial court submitted the claim to a jury on the issue of negligence. There was a verdict for plaintiff; defendant appeals from the judgment thereon.

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