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CHICAGO AND NORTH WESTERN RAILWAY CO. v. BRADBURY

No. 10135.

129 N.W.2d 540 (1964)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff and Appellant, v. P. A. BRADBURY, d/b/a P. A. Bradbury Construction Company, Defendant and Respondent.

Supreme Court of South Dakota.

July 2, 1964.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant.

Dennis Maloney, Aberdeen, for defendant and respondent.

HANSON, Judge.

This is an appeal from an order dismissing plaintiff's action for lack of diligence in its prosecution. The propriety of such order is the sole issue presented.

The action is for demurrage on a large number of cars of asphalt and diesel fuel shipped by defendant over plaintiff's railroad in the year 1950. The summons and complaint were served on December 12, 1951. Service of defendant's answer was admitted on May 28, 1953. Plaintiff attempted...

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