Jensen v. Miller

In this action to recover damages for personal injuries the jury returned a verdict in favor of defendant. On plaintiff's application a new trial was granted and defendant appeals.

The accident occurred about 7:30 Sunday morning, February 11, 1962, on Highway 16 approximately 3 miles west of Sioux Falls. Daylight was just breaking, the highway was icy, and it was very foggy. The plaintiff, Robert Jensen, a thirteen-year-old boy, was riding in the front seat of a car owned and operated by his father. They were proceeding west on the way to Wall Lake.

The defendant, Lawrence Miller, a music…