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MUSILEK v. STOBER

No. 16040.

434 N.W.2d 765 (1989)

Robert P. MUSILEK, Plaintiff and Appellant, v. Allen Robert STOBER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 25, 1989.

Attorney(s) appearing for the Case

Michael Abourezk of Johnson, Eklund & Davis, Gregory, for plaintiff and appellant.

J.M. Grossenburg of Day & Grossenburg, Winner, for defendant and appellee.

HENDERSON, Justice.

PROCEDURAL HISTORY

This case arose out of a car accident at the intersection of a blacktop county highway and a gravel township road. The scene of the accident was an uncontrolled intersection as there were no stop signs at any of the four corners. Evidence established that vandals had removed the stop signs. The case was tried to the circuit court, sitting without a jury. After ruling against Robert Musilek (plaintiff) from the bench...

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