YOST v. YOST

No. 10227.

139 N.W.2d 238 (1965)

Wesley YOST, Guardian of the person and Estate of Charles Yost, a Minor, Plaintiff and Respondent, v. Edwin YOST, Defendant and Appellant.

Supreme Court of South Dakota.

December 30, 1965.


Attorney(s) appearing for the Case

Austin, Hinderaker & Hackett, Watertown, for defendant and appellant.

Heidepriem & Widmayer, Miller, for plaintiff and respondent.


ROBERTS, Presiding Judge.

This action for property damages arose out of an intersection collision between a pickup truck driven by defendant Edwin Yost and a Buick sedan driven by his brother Charles. A jury trial resulted in a verdict for plaintiff. Motion for judgment notwithstanding the verdict or, in the alternative, for new trial was submitted and denied. Defendant has appealed.

The evidence is without substantial dispute. The parties were the only eyewitnesses...

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