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RITTER v. JOHNSON

No. 16982.

465 N.W.2d 196 (1991)

Marcell and Colleen RITTER, Plaintiff and Appellants, v. Darrell JOHNSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Rick Johnson, Gregory, for plaintiff and appellants.

Mark Smith, Asst. Atty. Gen., Pierre, for defendant and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

SABERS, Justice.

Ritter appeals a judgment against his cause of action in tort against Johnson.

FACTS

On January 16, 1986, truck driver Ritter was hauling rock from a quarry near Spencer, South Dakota to Ft. Randall Dam. As he was heading west on Highway 18, near the dam, Ritter turned off onto a muddy service road that led down and west across the face of the dam to the place where he was to dump the rocks. Ritter stopped with the wheels of his...

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