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MILLER v. BAKEN PARK, INC.

No. 10586.

178 N.W.2d 560 (1970)

Donald MILLER and Elaine Miller, Plaintiffs and Appellants, v. BAKEN PARK, INC., Defendant and Respondent.

Supreme Court of South Dakota.

July 7, 1970.

Attorney(s) appearing for the Case

Hanley, Wallahan, Driscoll & Murray, Costello, Porter, Hill, Banks & Nelson, Rapid City, for plaintiffs.

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant.

ON PETITION FOR REHEARING

HOMEYER, Judge.

In an opinion filed on March 6, 1970, this court reversed the judgment in case # 10586, Miller v. Baken Park, Inc., S.D., 175 N.W.2d 605. The ground for reversal was the refusal of the trial court to give Instruction No. 19, which cautioned the jury that if it found the husband, Donald Miller, contributorily negligent his negligence could not be imputed to the wife, Elaine Miller...

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