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STATE AUTOMOBILE CASUALTY UNDER v. RUOTSALAINEN

No. 10155.

136 N.W.2d 884 (1965)

STATE AUTOMOBILE CASUALTY UNDERWRITERS, a corporation, Plaintiff and Appellant, v. Clifford RUOTSALAINEN, David Raymond Lee, Donna Jones, Special Administratrix of the Estate of Cecil Jones, Deceased, Big "D" Oil Co., a corporation, and Andrew Policky, d/b/a Big "D" Oil Co., Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied November 12, 1965.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Ellsworth E. Evans, Robert C. Heege, Sioux Falls, S. D., for plaintiff and appellant.

Molstad & Walker, Hermon B. Walker, Sturgis, S. D., Reynolds & Hughes, Sundance, Wyo., Overpeck, Hamblin & Mueller, Walter Mueller, Belle Fourche, S. D., for defendants and respondents.

RENTTO, Judge.

On August 30, 1962, the defendant Lee, an employee of the defendant Ruotsalainen, a contractor engaged in road building, was driving a gravel truck owned by his employer and towing a two-wheel trailer also owned by him. The trailer was originally a house trailer, but had been converted by remodeling into a tool trailer and used on various road jobs to store tools and supplies needed on these projects. It is referred to in the evidence as a "Dot" trailer...

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