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TILL v. BENNETT

No. 12520.

281 N.W.2d 276 (1979)

Robert TILL and Judith Till, Plaintiffs and Respondents, v. Robert BENNETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for plaintiffs and respondents.

Dudley R. Herman of Herman & Wernke, Gregory, for defendant and appellant.

MORGAN, Justice.

This is an appeal from a judgment of the Circuit Court for the Sixth Judicial Circuit, Mellette County, upon a jury verdict which awarded respondents $2,650 actual damages and $2,300 punitive damages as a result of appellant's cattle trespassing upon respondents' land. Appellant appeals the judgment contending that the court erred in striking his defense of contributory negligence and in allowing the issue of punitive damages to go before the jury...

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