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SEARS v. McKEE

No. 12903.

298 N.W.2d 521 (1980)

Jann Marie SEARS, Plaintiff and Appellant, v. Ralph L. McKEE and Delores McKee, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 19, 1980.

Attorney(s) appearing for the Case

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant; Arlo Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, on brief.

Carleton R. Hoy and Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees.

WOLLMAN, Chief Justice.

Plaintiff appeals from the judgment dismissing her complaint entered on a jury verdict in favor of defendants. We reverse and remand for new trial.

On July 6, 1971, plaintiff, who was twelve years of age at the time, went with her mother, two aunts, and five cousins to defendants' farm near Dell Rapids. Defendant Delores McKee is the cousin of plaintiff's mother. The trip was made for the purpose of giving the children an opportunity...

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