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BEYER v. CORDELL

No. 15730.

420 N.W.2d 767 (1988)

Douglas K. BEYER and Norma J. Beyer, Jointly and Severally, Plaintiffs and Appellants, v. Alvin F. CORDELL, Defendant and Appellee.

Supreme Court of South Dakota.

March 16, 1988.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Eklund & Davis, Gregory, for plaintiffs and appellants.

T.F. Martin and Chris Nerland of McCann, Martin & McCann, P.C., Brookings, for defendant and appellee.

SABERS, Justice.

Douglas K. Beyer and Norma J. Beyer (Beyers) appeal jury verdicts in a negligence action claiming the court erred in allowing an amendment to the pleadings and in jury instructions.

Facts

On December 12, 1978, some time after midnight, the Beyers were travelling east on U.S. Highway # 212 near Watertown. There was testimony that the night was cold, there was some ice on the roads, and visibility was reduced. Near the intersection...

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