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BRUE v. BRUE

No. 10761.

190 N.W.2d 64 (1971)

Everett BRUE, Plaintiff-Appellant, v. Lester BRUE, Defendant-Respondent.

Supreme Court of South Dakota.

September 23, 1971.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff-appellant.

Woods, Fuller, Shultz & Smith, and J. B. Shultz, Sioux Falls, for defendant-respondent.

RENTTO, Associate Judge.*

In this personal injury litigation the trial court instructed the jury that defendant was negligent as a matter of law in driving his motor vehicle, and that such negligence was the proximate cause of the collision involved. The only issue submitted to the jury for determination was the damage, if any, sustained by plaintiff as a proximate result thereof. Plaintiff made no objection to the instructions given and...

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