NORTHWESTERN PUB. SERV. CO. v. CHICAGO & N. W. RY. CO.

No. 10964.

210 N.W.2d 158 (1973)

NORTHWESTERN PUBLIC SERVICE COMPANY, a corporation, Plaintiff, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, a corporation, Defendant and Appellant, and Fred E. Ellwein, Defendant and Respondent.

Supreme Court of South Dakota.

August 31, 1973.


Attorney(s) appearing for the Case

William S. Churchill, Huron, Woods, Fuller, Schultz & Smith, Sioux Falls, for defendant and appellant.

Loucks, Oviatt, Bradshaw & Green, Watertown, for defendant and respondent.


DOYLE, Justice.

This case has been before this court on a prior occasion. Northwestern Public Service Company v. Chicago and North Western Railway Company and Ellwein, 1969, 84 S.D. 271, 170 N.W.2d 351; rehearing denied October 8, 1969. The facts as set forth in the above cited opinion will not be reiterated here. In accordance with this court's mandate, this action was remitted to the circuit court where the matter came to trial...

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