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HOMAN v. CHICAGO & NORTHWESTERN TRANSP. CO.

Nos. 13299, 13304.

314 N.W.2d 861 (1982)

John HOMAN, Plaintiff and Appellant, v. CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, Bowers Construction, Inc., and Henry Township, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 20, 1982.

Attorney(s) appearing for the Case

James C. Roby of Oviatt, Green, Schulz & Roby, Watertown, for plaintiff and appellant.

Arlo Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee Northwestern Transp. Co.

W.A. Hackett of Austin, Hinderaker & Hackett, Watertown, for defendant and appellee Bowers Const., Inc.

Richard H. Battey of Gallagher & Battey, Redfield, for defendant and appellee Henry Tp., South Dakota.

WOLLMAN, Chief Justice.

Appellant appeals from an order dismissing defendants Bowers Construction, Inc. (Bowers) and Henry Township (township), and from a judgment entered in favor of Chicago and Northwestern Transportation Company (railroad)1 We affirm.

This was an action for damages arising out of an incident in which appellant's garbage truck struck the underside of a railroad bridge owned by the railroad in Henry Township,...

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