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ZENS v. CHICAGO, MILWAUKEE, ST. PAUL & PAC.

No. 17349.

479 N.W.2d 155 (1991)

James R. ZENS and Darlene K. Zens, Plaintiffs and Appellants, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, and Aberdeen Township, Defendants/Appellees & Third-Party Plaintiffs, v. MAJESTIC CONTRACTORS LTD., formerly Majestic Wiley Contractors, Ltd., a corporation, Third-Party Defendants.

Supreme Court of South Dakota.

Decided December 18, 1991.

Attorney(s) appearing for the Case

James M. Cremer, Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for plaintiffs and appellants.

Chester A. Groseclose, Jr., Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant and appellee, Chicago, Milwaukee, St. Paul and Pacific R. Co.

Jeffrey T. Sveen, Siegel, Barnett & Schutz, Aberdeen, for defendant and appellee Aberdeen Tp.

WUEST, Justice.

This is an appeal by plaintiffs, a husband and wife (hereinafter Zenses) from a jury verdict and judgment in favor of defendants, Chicago, Milwaukee, St. Paul & Pacific Railroad and Aberdeen Township (hereinafter Railroad & Township) in a personal injury action. This is the second appeal of this proceeding. The first appeal, reversing a summary judgment in favor of the defendants, remanded the matter for a jury trial. Zens v. Chicago, Milwaukee...

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