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NUGENT v. QUAM

No. 10367.

152 N.W.2d 371 (1967)

Frank NUGENT, Plaintiff and Respondent, v. Everett Norman QUAM, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied September 11, 1967.

Attorney(s) appearing for the Case

Royhl, Benson & Beach, Huron, for defendant and appellant.

Morgan & Fuller, Miller, Kaye & Hanson, Mitchell, for plaintiff and respondent.

BURNS, Circuit Judge.

Upon this appeal by defendant-driver we have for determination the question whether or not as a matter of law the negligence of the plaintiff-pedestrian was more than slight in comparison with the negligence of the driver of the automobile by which he was struck, under Chapter 149 of the 1964 Session Laws which is as follows:

"In all actions brought to recover damages for injuries to a person or to his property caused by the negligence...

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