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SMITH v. COMMUNITY CO-OPERATIVE ASS'N OF MURDO

No. 11107.

209 N.W.2d 891 (1973)

Sam SMITH, Plaintiff and Respondent, v. COMMUNITY CO-OPERATIVE ASSOCIATION OF MURDO, South Dakota, and Ted Nies, Jr., Individually and as agent of Community Co-operative Association of Murdo, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

August 14, 1973.

Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Ronald W. Banks, Rapid City, for defendants and appellants.

Brost & Brost, Frank D. Brost, Presho, and Dana, Golden, Moore & Rasmussen, Richard W. Sabers, Sioux Falls, for plaintiff and respondent.

WINANS, Justice.

The plaintiff, Sam Smith, brought this action to recover damages for personal injuries that he sustained while assisting in extracting the wheel from a tractor tire at the defendant co-operative's place of business in Draper. The individual defendant, Ted Nies, was a general manager of the defendant co-op at the time of the incident. In his complaint, the plaintiff alleged that the proximate cause of his injuries was the defendants' negligence in...

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