UNDERBERG v. CAIN

No. 14220.

348 N.W.2d 145 (1984)

David W. UNDERBERG, Plaintiff and Appellant, v. Barney W. CAIN and Barney W. Cain, III, d/b/a Barney's Auto Salvage, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 2, 1984.


Attorney(s) appearing for the Case

Carleton R. Hoy and Scott G. Hoy, Legal Intern of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

J.G. Shultz of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.


ANDERST, Circuit Judge.

This is an action by a licensee against a landowner for injuries suffered. The jury returned a verdict in favor of the landowner. We affirm.

Barney W. Cain and Barney W. Cain, III, (Cains) own and operate Barney's Auto Salvage. To enlarge their business area, they had excavated into the hillside on which their business was located. This left a drop-off of thirty to fifty feet. No fence or other warning was placed at the top of the excavation...

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