Loonan Lumber Company v. Wannamaker

In this negligence action tried to the court plaintiff was awarded damages. Defendant appeals from the judgment. The single issue for review is whether the evidence is sufficient to sustain a finding of negligence.

Defendant was an employee of the South Dakota Highway Department and on June 4, 1963, was engaged in mowing weeds along U. S. Highway No. 77, north of Sioux Falls. The mowing unit consisted of a small tractor with power take-off pulling an attached rotary mower. The rotor blade was five feet in diameter; there were shields or guards on the sides and front of the mower and an opening…