MILLER v. BAKEN PARK, INC.

Nos. 10569, 10586.

175 N.W.2d 605 (1970)

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

Supreme Court of South Dakota.

March 6, 1970.


Attorney(s) appearing for the Case

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

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


BIEGELMEIER, Judge.

No. 10586

A pickup truck, of which Donald Miller was the driver and his wife Elaine a passenger, collided with a tree located in what plaintiffs call a driveway and defendant an auxiliary parking lot. Both received injuries for which this action for damages resulted. Defendant, Baken Park, Inc., owns and controls the premises known as Baken Park Shopping Center, bounded on the south by Canyon Lake Drive, the north by West Main...

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