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DEGEN v. BAYMAN

No. 10888.

200 N.W.2d 134 (1972)

William J. DEGEN, a Minor by Elizabeth Degen, his General Guardian, Plaintiff and Respondent, v. Donald BAYMAN, Defendant and Third Party Plaintiff and Respondent, and Outboard Marine Corp., a Delaware Corporation, Defendant and Third Party Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied September 6, 1972.

Attorney(s) appearing for the Case

George Beal Law Offices, Rapid City, for defendant and third party defendant and appellant.

Hanley, Wallahan, Driscoll & Murray, Rapid City, for plaintiff and respondent.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant and third party plaintiff and respondent.

FOSHEIM, Circuit Judge.

On July 28, 1968, the families of a Little League Baseball team were engaged in an outing at Sheridan Lake in Pennington County. The recreation included water-skiing. One of the boats involved was a 1968-210 h.p. inboard-outboard manufactured by the defendant Outboard Marine Corp., operated by the defendant Donald Bayman and owned by his employer. Bayman had operated the boat at least twice before that date. He also had been driving it for...

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