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FOLAND v. DUGAN

No. 9345-r.

57 N.W.2d 166 (1953)

FOLAND v. DUGAN et al.

Supreme Court of South Dakota.

February 14, 1953.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith and Robert C. Heege, Sioux Falls, for defendant and appellant.

Bailey, Voorhees, Woods & Fuller and Milton Berndt, Sioux Falls, for plaintiff and respondent.

PER CURIAM.

Plaintiff recovered a verdict for damages sustained by his car when it collided with defendant's truck.

Plaintiff's alleged contributory negligence was an issue at the trial. On this issue the trial court instructed the jury as follows:

"Contributory Negligence is negligence on the part of a person injured which co-operating in some degree with the negligence of another helps in proximately causing the injuries of which the former thereafter...

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