BOTHERN v. PETERSON

No. 10388.

155 N.W.2d 308 (1967)

Dolly B. BOTHERN, Administratrix of the Estate of William H. Bothern, deceased, Plaintiff and Appellant, v. Darrell PETERSON and Western Dairy Company of Clarkfield, Minnesota, Defendants and Respondents.

Supreme Court of South Dakota.

December 27, 1967.


Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, McCann & Martin, W. R. McCann, Brookings, for plaintiff and appellant.

Davenport, Evans, Hurwitz & Smith, Lyle J. Wirt, Sioux Falls, Alvin F. Schulz, Brookings, for defendants and respondents.


HANSON, Judge.

This action for the wrongful death of William H. Bothern resulted in a verdict for defendants, Western Dairy and its truck driver, Darrell Peterson. A motion for judgment notwithstanding the verdict or in the alternative for a new trial was denied. On appeal plaintiff primarily contends defendants were guilty of negligence as a matter of law which was the proximate cause, or a concurring cause, of the collision between the automobile in which decedent...

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