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NORTHWESTERN BELL TEL. CO. v. HENRY CARLSON CO.

No. 10527.

165 N.W.2d 346 (1969)

NORTHWESTERN BELL TELEPHONE COMPANY, a corporation, Plaintiff and Appellant, v. HENRY CARLSON COMPANY, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

February 25, 1969.

Attorney(s) appearing for the Case

May, Boe & Fisher, and Gale E. Fisher, Sioux Falls, for plaintiff and appellant.

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

HOMEYER, Judge.

In this action plaintiff, Northwestern Bell Telephone Company, seeks to recover for water damage to certain personal property alleged to have been caused by the negligence of the defendant, Henry Carlson Company. A jury found no liability and judgment was entered upon such verdict. Plaintiff's motion for a new trial was denied and this appeal followed.

Appellant's principal claims are (1) that the court should have directed a verdict for him...

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