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KOTZ v. JOHNSON

No. 10106.

135 N.W.2d 733 (1965)

Jerry KOTZ, by his guardian ad litem, Mable Kotz, Plaintiff and Appellant, v. Keith JOHNSON, Defendant and Third-Party Plaintiff and Respondent, v. Al KOTZ, Third-Party Defendant and Appellant.

Supreme Court of South Dakota.

June 15, 1965.

Attorney(s) appearing for the Case

George F. Johnson, Gregory, John B. Jones and Pat McKeever, Presho, for plaintiff and appellant and third-party defendant and appellant.

John F. Lindley, Chamberlain, for defendant and third-party plaintiff and respondent.

ROBERTS, Presiding Judge.

This is an action brought in behalf of Jerry Kotz, a minor, for damages for personal injury arising out of a rear-end collision between the truck operated by plaintiff's father, Al Kotz, and a truck owned by defendant, Keith Johnson, and operated by his employee Roland Stubbs.

Defendant Johnson before answering obtained leave as a third party plaintiff, hereinafter called respondent, to serve a summons and complaint upon Al Kotz asserting...

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