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MUSCH v. H-D ELEC. CO-OP., INC.

No. 16945.

460 N.W.2d 149 (1990)

Linda MUSCH and Calvin Musch, Plaintiffs and Appellants, v. H-D ELECTRIC COOPERATIVE, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 15, 1990.

Attorney(s) appearing for the Case

Thomas Reeves Hendricks, Minn., and Brian Wojtalewicz, Appleton, Minn., for plaintiffs and appellants.

Gordon Gunderson of Gunderson, Evenson & Boyd, Clear Lake, and Charles R. Kennedy of Kennedy and Nervig, Wadena, Minn., for defendant and appellee.

MORGAN, Justice.

Calvin (Calvin) and Linda Musch (Linda) appeal an order granting summary judgment in favor of H-D Electric Cooperative, Inc. (Cooperative). We reverse and remand.

FACTS

On the morning of October 10, 1985, Linda, Calvin, and Calvin's father, Henry Musch (Henry), were herding cattle north along the west ditch of Deuel County Road 1 toward Henry's farmyard. Linda and Calvin were on horseback...

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