Sunshine Mutual Insurance v. Addy

This is the third decision handed down by this court in this litigation, arising from a serious collision of motor vehicles that occurred in Minnehaha County July 7, 1948. The previous opinions are reported in 72 S. D. 634, 38 N.W.2d 406, 10 A.L.R.2d 670, and in 73 S.D. 595, 47 N.W.2d 285, to which reference is made for the facts and prior developments.

*389For the reasons stated in the opinion appearing at 47 N.W.2d 285, the court with two members dissenting reached a conclusion on divergent grounds that there was liability under the policy. This was contrary to the decision on the first appeal.…