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NEPSTAD v. RANDALL

No. 10324.

152 N.W.2d 383 (1967)

Axel A. NEPSTAD, Plaintiff and Respondent, v. Fred D. RANDALL, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied October 16, 1967.

Attorney(s) appearing for the Case

Morgan & Fuller, J. L. Morgan, Mitchell, for defendant and appellant.

Davenport, Evans, Hurwitz & Smith, Ellsworth E. Evans, Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

Plaintiff was injured on June 26, 1962, while on the golf course of the Mitchell Country Club near Mitchell. When the golf cart on which plaintiff was riding ran out of gasoline, defendant invited plaintiff and his golf partner to ride on the hood of the golf cart driven by him. Plaintiff charged defendant with negligence in operation of the golf cart causing plaintiff to be thrown to the ground. The record shows that the golf cart is a three-wheeled...

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