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KREAGER v. BLOMSTROM OIL CO.

No. 12805.

298 N.W.2d 519 (1980)

Harold KREAGER, Plaintiff and Appellant, v. BLOMSTROM OIL COMPANY, a corporation, Defendant and Appellee, and Texaco, Inc., a corporation, Defendant.

Supreme Court of South Dakota.

Decided November 19, 1980.

Attorney(s) appearing for the Case

David J. Larson of Larson, Sundall, Larson & Schaub, Chamberlain, for plaintiff and appellant.

Donald E. Covey, Winner, for defendant and appellee.

GERKEN, Circuit Judge.

Plaintiff, Harold Kreager, alleged in his complaint that he is the owner of a commercial crop spraying service in Kennebec, Lyman County. On July 26, 1977, while plaintiff was attempting a take-off from his airstrip, the engine failed. In the course of an emergency landing the plane crashed, resulting in damage to the plane, together with other consequential damages. Plaintiff alleged that the engine failure was caused by the presence of water...

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