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WEINZETL v. JOHNSON

No. 12869.

292 N.W.2d 805 (1980)

Walter F. WEINZETL, Plaintiff and Appellant, v. Herbert JOHNSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 4, 1980.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff and appellant.

John Simko of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

PER CURIAM.

The issue on appeal, like that in Hanson v. Beesley, 292 N.W.2d 804 (S.D.1980), opinion filed this date, is whether the trial court erred by refusing to instruct the jury on the doctrine of last clear chance. Because the facts of the case do not justify such an instruction, we hold that the trial court did not err, and we affirm the judgment.

Walter Weinzetl...

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