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WOLF v. GRABER

No. 13180.

303 N.W.2d 364 (1981)

Daisy WOLF, Plaintiff and Appellant, v. Ellery and Nancy GRABER, d/b/a The Milk Bottle, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 18, 1981.

Attorney(s) appearing for the Case

Thomas W. Parliman of Parliman & Parliman, Sioux Falls, for plaintiff and appellant.

Laird Rasmussen of Dana, Golden, Moore & Rasmussen, Sioux Falls, for defendants and appellees.

HENDERSON, Justice.

ACTION

This is an appeal by Daisy Wolf (appellant) from a judgment of the trial court in favor of Ellery Graber and Nancy Graber, d/b/a The Milk Bottle (appellees), following, and consistent with, a jury verdict. Appellant had sought damages under a theory of negligence. We reverse and remand for a new trial.

FACTS

At the time of trial, appellant was an 86-year-old widow living in Sioux Falls. Appellees owned and operated...

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