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BOYD v. ALGUIRE

No. 10405.

153 N.W.2d 192 (1967)

Bruce W. BOYD, Plaintiff and Respondent, v. Floyd V. ALGUIRE, Administrator of the Estate of Roger L. Alguire, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

October 6, 1967.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, Timothy J. Nimick and Merle Johnson, Sioux Falls, for defendant and appellant.

Davenport, Evans, Hurwitz & Smith, Carleton R. Hoy, Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

This is an action to recover damages for personal injuries sustained by plaintiff while in an automobile owned and driven by Roger L. Alguire. The driver, then of the age of eighteen, was killed in the accident. The action was commenced against the administrator of his estate. From judgment on a verdict for the plaintiff, defendant has appealed.

Plaintiff alleges that on February 8, 1963, he was riding "under contractual relationship, not as...

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