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SHAULL v. HART

No. 13548.

327 N.W.2d 50 (1982)

Walter SHAULL, Individually and as Guardian Ad Litem for Randy Shaull, a Minor, both of Highmore, Hyde County, South Dakota, Plaintiffs and Appellants, v. Ben HART, Individually and by and through his Guardian Ad Litem Richard Hart, and his parents, Richard Hart and Lois Hart, all of Hughes County, South Dakota; Ross Peterson, a Minor, Individually and by and through his Guardian Ad Litem, Lee Peterson, and his parents, Lee Peterson and Catherine Peterson, all of Hyde County, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Colwill & Zinter, P.C., Pierre, for plaintiffs and appellants.

Robert C. Riter, Jr. of Riter, Mayer, Hofer & Riter, Pierre, for defendants and appellees.

HENDERSON, Justice.

ACTION

Appellant Walter Shaull, individually and as guardian ad litem for his son, filed a complaint against appellees Harts and Petersons averring that said appellees were, in various ways, negligent in causing injury to appellant's son. Appellee Harts answered, asserting the affirmative defenses of contributory negligence and assumption of risk; additionally, they cross-claimed against appellee Petersons seeking indemnity or contribution...

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