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ROSETH v. ST. PAUL PROPERTY & LIABILITY INS.

No. 14608.

374 N.W.2d 105 (1985)

Jerry ROSETH, d/b/a Philip Livestock Express, Plaintiff and Appellee, v. ST. PAUL PROPERTY AND LIABILITY INSURANCE COMPANY, Defendant and Appellant, and Black Hills Agency, Inc., Defendant.

Supreme Court of South Dakota.

Decided September 6, 1985.

Attorney(s) appearing for the Case

Thomas C. Barnett, Jr. of Kemnitz & Barnett, Philip, for plaintiff and appellee.

Gene R. Bushnell of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal by St. Paul Property & Liability Insurance Company (St. Paul) from a judgment entered by the trial court in favor of Jerry Roseth, d/b/a Philip Livestock Express. We reverse.

On November 12, 1979, a livestock trailer owned by Roseth and leased to Richard Miller was involved in an accident on U.S. Highway 83 near Mission, South Dakota. Miller was transporting 109 calves for the 720 Cattle Company of Idaho, to a buyer...

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