MORIN v. CHICAGO AND NORTHWESTERN RAILWAY SYSTEM

No. 11042.

209 N.W.2d 895 (1973)

Thomas J. MORIN, Plaintiff and Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY SYSTEM, Defendant and Respondent.

Supreme Court of South Dakota.

August 20, 1973.


Attorney(s) appearing for the Case

Horace R. Jackson, Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiff and appellant.

Arlo D. Sommervold, Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and respondent.


WINANS, Justice.

The plaintiff, Thomas Morin, brought this action to recover for injuries to his person and automobile sustained when his car collided with a railroad train operated by the defendant, Chicago and Northwestern Railway System. In his complaint the plaintiff alleged that the defendant railroad undertook to back a string of cars toward and across a public highway and that the act was performed negligently in pushing a silver colored tank car in the lead...

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