MINICK v. ENGLERT

No. 10415.

167 N.W.2d 551 (1969)

James R. MINICK, Plaintiff and Respondent, v. Ronald L. ENGLERT, Defendant and Appellant.

Supreme Court of South Dakota.

April 22, 1969.


Attorney(s) appearing for the Case

Austin, Hinderaker & Hackett, Watertown, for defendant and appellant.

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


ROBERTS, Judge.

This is an appeal by defendant, Ronald L. Englert, from a judgment entered against him after the jury had returned a substantial verdict for the plaintiff. The action was brought under the provisions of SDC 44.0362 commonly referred to as the guest statute. The sole question presented here is whether there was sufficient evidence of "Willful and wanton misconduct" within the meaning of that statute on the part of the defendant to require jury determination...

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