HITZEL v. CLARK

No. 13883.

334 N.W.2d 37 (1983)

Joe HITZEL, Plaintiff and Appellant, v. S. Cushman CLARK, Defendant, Counterclaimant, Third-Party Plaintiff and Appellee, v. Joe HITZEL and Paul McInerney, Third-Party Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 18, 1983.

Rehearing Denied June 10, 1983.


Attorney(s) appearing for the Case

Jerry C. Rachetto of Driscoll, Mattson, Rachetto & Christensen, Deadwood, for plaintiff, third-party defendants and appellants.

Ann C. Jones of Banks & Johnson, Rapid City, for defendant, counterclaimant, third-party plaintiff and appellee.


WOLLMAN, Justice.

This is an appeal from an amended judgment denying appellant recovery for the loss of a cow. We affirm.

Appellant was the owner of an Angus cow that was hit and killed by appellee's vehicle on the evening of September 7, 1980, on Highway 85 in the O'Neill Pass area, near the Wyoming state line. The cow's calf died soon after the accident. The cow had been grazing on Forest Service land pursuant to an agreement between appellant and another...

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