CRABB v. WADE

No. 10568.

167 N.W.2d 546 (1969)

Samuel W. CRABB, Special Administrator of the Estate of John Allan Rippel, Deceased, Plaintiff and Respondent, v. Sylvester WADE, Defendant and Appellant.

Supreme Court of South Dakota.

April 30, 1969.


Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and respondent.


HANSON, Judge.

This Wrongful Death action followed a motor vehicle-pedestrian accident in which John A. Rippel was killed. Damages in the amount of $30,000 were sought and the jury awarded $20,000. On appeal defendant primarily contends decedent Rippel was guilty of contributory negligence more than slight as a matter of law.

Viewing the evidence in the light most favorable to plaintiff, it appears decedent Rippel was an airman stationed at the Ellsworth Air...

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