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WILSON v. GREAT NORTHERN RAILWAY COMPANY

No. 10394.

157 N.W.2d 19 (1968)

Hadleigh C. WILSON, Plaintiff and Appellant, v. GREAT NORTHERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff and Respondent, v. C. A. CHRISTOPHERSON, Special Administrator of the Estate of Robert E. Hegge, Deceased, Third-Party Defendant.

Supreme Court of South Dakota.

March 18, 1968.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, for plaintiff and appellant.

Richard V. Wicka, St. Paul, Minn., H. F. Chapman, Sioux Falls, for defendant and third-party plaintiff and respondent.

Woods, Fuller, Shultz & Smith, John B. Shultz, Sioux Falls, for third-party defendant.

HOMEYER, Judge.

This is an appeal from a summary judgment granted to the defendant, Great Northern Railway Company, in an action by plaintiff to recover for personal injuries sustained in a truck-train collision.

The accident occurred about 3:10 p. m. on December 24, 1964, at a railroad crossing on South Dakota Highway #25 about three miles southwest of the town of Vienna. The train was proceeding in a northeasterly direction and the truck approached the crossing...

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