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ROGERS v. BLACK HILLS SPEEDWAY, INC.

Nos. 11169-11171.

217 N.W.2d 14 (1974)

Patty Jean ROGERS, III, Plaintiff and Respondent, v. BLACK HILLS SPEEDWAY, INC., a corporation, Defendant and Third-Party Plaintiff and Appellant, v. James FERGUSON, d/b/a Rapid City Merchant Police & Ambulance Company, Third-Party Defendant and Respondent. Steven KNIGGE, Plaintiff and Respondent, v. BLACK HILLS SPEEDWAY, INC., a corporation, Defendant and Third-Party Plaintiff and Appellant, v. James FERGUSON, d/b/a Rapid City Merchant Police & Ambulance Company, Third-Party Defendant and Respondent. Diane KNIGGE, Plaintiff and Respondent, v. BLACK HILLS SPEEDWAY, INC., a corporation, Defendant and Third-Party Plaintiff and Appellant, v. James FERGUSON, d/b/a Rapid City Merchant Police & Ambulance Company, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied May 16, 1974.

Attorney(s) appearing for the Case

Franklin J. Wallahan and Laurence J. Zastrow of Hanley, Wallahan, Murray & Zastrow, Rapid City, for appellant, Black Hills Speedway, Inc.

Curtis D. Ireland of Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for respondents, Knigge, Knigge and Rogers.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for respondent, Ferguson.

DUNN, Justice.

Plaintiffs Diane Knigge, Steven Knigge and Patty Jean Rogers brought separate actions against the Black Hills Speedway, Inc., and were awarded judgments after a jury trial; Speedway has appealed from each of these judgments. As the appeals in the three actions involve common questions of fact and law, the cases have been, by stipulation and by order of this Court, consolidated for all purposes of appeal.

All three actions arose out of an accident...

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