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HOEKSTRA v. HELGELAND

Nos. 9704, 9710.

98 N.W.2d 669 (1959)

Christina HOEKSTRA, Plaintiff and Appellant in No. 9704, Respondent in No. 9710, v. Andy HELGELAND, Administrator of the Estate of Stener Helgeland, Deceased, Defendant and Respondent in No. 9704, Appellant in No. 9710.

Supreme Court of South Dakota.

Rehearing Denied November 18, 1959.

Attorney(s) appearing for the Case

Mundt & Mundt, Sioux Falls, for plaintiff as appellant in Case No. 9704, and as respondent in Case No. 9710.

Woods, Fuller, Shultz & Smith, Sioux Falls, Roscoe A. Frieberg, Beresford, for defendant as respondent in Case No. 9704, and as appellant in Case No. 9710.

BIEGELMEIER, Judge.

Plaintiff brings this action as the surviving wife against the administrator of the estate of Stener Helgeland for damages for loss of consortium of her husband resulting from his injuries and from his death. Plaintiff claims that these injuries and death were caused by the negligence of the defendant's decedent.

The defendant in his answer and by separate motion moved to dismiss plaintiff's action on the following grounds: (1) that the...

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