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K & E LAND AND CATTLE, INC. v. MAYER

No. 13638.

330 N.W.2d 529 (1983)

K & E LAND AND CATTLE, INC., a corporation, Plaintiff and Appellee, v. John MAYER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 2, 1983.

Rehearing Denied March 30, 1983.

Attorney(s) appearing for the Case

Ronald D. Campbell of Heidepriem, Widmayer & Campbell, Miller, for plaintiff and appellee.

Steven K. Rabuck of Andera & Rabuck, Chamberlain, for defendant and appellant; Leonard E. Andera of Andera & Rabuck, Chamberlain, on the brief.

HENDERSON, Justice.

ACTION

John Mayer (appellant) appeals from a judgment entered pursuant to a jury verdict awarding K & E Land and Cattle, Inc. (appellee) $199.60 damages in tort, $598.80 treble damages pursuant to SDCL 22-34-2 and $7,000.00 punitive damages under SDCL 21-3-2.

FACTS

Appellant Mayer and appellee K & E are adjoining landowners in Elvira Township, Buffalo County, South Dakota. Appellee K & E owns Section 22 and...

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