MADSEN v. WATERTOWN BOTTLING CO.

No. 9297.

59 N.W.2d 735 (1953)

MADSEN v. WATERTOWN BOTTLING CO. et al.

Supreme Court of South Dakota.

Rehearing Denied September 15, 1953.


Attorney(s) appearing for the Case

Hanten & Henrikson, Watertown, for appellant.

Stover & Beardsley, Watertown, Claude A. Hamilton, Sioux Falls, for respondents.


SMITH, Judge.

Whether the trial court erred in entering judgment n. o. v. in favor of the defendants is the problem presented by this appeal.

On the 14th of September 1950 at about 8:30 in the evening, at a point on U. S. Highway 81, in Hamlin county just north of Kone's corner, plaintiff's southbound car came into collision with the northbound truck of the Watertown Bottling Company, driven by Alfred E. Kettenbeil. Plaintiff's left arm was torn or sheared...

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