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WOOD v. CITY OF CROOKS

Nos. 19581, 19597.

559 N.W.2d 558 (1997)

1997 SD 20

Tracy WOOD, Plaintiff and Appellee, v. CITY OF CROOKS, Defendant and Appellant, and Minnehaha County, South Dakota, Defendant.

Supreme Court of South Dakota.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, for plaintiff and appellee.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for defendant and appellant.

SABERS, Justice.

[¶ 1.] This action arises out of a collision between a Burlington Northern Railroad train and an automobile operated by Tracy Wood. The accident occurred at a crossing on a Minnehaha County highway on the edge of Crooks, South Dakota. Wood settled with Burlington before suit. He sued Minnehaha County and the City of Crooks, eventually settling with County. His action against City proceeded to jury trial. City appeals the damage award, claiming...

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