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CLAUSON v. KEMPFFER

No. 17384.

477 N.W.2d 257 (1991)

Donald and Barbara CLAUSON for Themselves and as Guardians Ad Litem for Shaun Clauson, a Minor, Plaintiffs and Appellants, v. Lee A. KEMPFFER, Defendant and Appellee, and Peggy Ann Smith and Randy Knox, Defendants.

Supreme Court of South Dakota.

Decided November 6, 1991.

Attorney(s) appearing for the Case

Wynn A. Gunderson and Daniel E. Ashmore, Gunderson, Palmer, Goodsell & Nelson, Rapid City, for plaintiffs and appellants.

Jay C. Shultz, Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellee, Kempffer.

WUEST, Justice.

This is an appeal from a grant of Summary Judgment. We affirm.

Shaun Clauson (Shaun), a fifteen-year-old high school student, after returning home on October 10, 1987, found one of his family's horses missing. While looking for that animal, Shaun rode his motorcycle along a private road which provided access to a group of acreages in the area. The road in question was previously a forest service road used by the public to gain access to public...

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