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BREWER v. MATTERN

No. 10707.

182 N.W.2d 327 (1970)

David L. BREWER, by his Guardian Ad Litem, Lyle H. Brewer, Plaintiff and Respondent, v. Richard L. MATTERN, by his Guardian Ad Litem, Leo J. Mattern, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied February 1, 1971.

Attorney(s) appearing for the Case

Miller, Kaye & Hanson, and Shandorf & Bleeker, Mitchell, for plaintiff and respondent.

Morgan & Fuller, Mitchell, Brady, Kabeiseman & Light, Yankton, for defendant and appellant.

JONES, Circuit Judge.

This is another guest statute case. From a verdict and judgment for the plaintiff, and order denying defendant's motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial, the defendant appeals.

Defendant's first assignment of error is based on his contention that the evidence is insufficient to establish wilful and wanton misconduct on the part of the defendant.

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