Legal Opinion

Grosz v. Groth

South Dakota Supreme Court

Decided May 5, 1960No. File 9790PublishedCited by 11 opinions

1Opinion of the CourtSmith, J.

This litigation arose out of a collision of motor vehicles at an intersection of country roads. Under instructions not presented for review, the jury returned a verdict for plaintiff. Predicated upon a motion for a directed verdict, and a subsequent motion for judgment n. o. v., the trial court entered judgment for defendant. Plaintiff has appealed. The ultimate question for decision is whether the manifest negligence of plaintiff was a substantial factor in bringing about the harm he 'suffered.

Plaintiff was driving north on a through highway protected from cross traffic by stop signs. Cf.…

2Cases cited5 opinions

  1. McKiver v. Theo. Hamm Brewing Co.South Dakota Supreme Court · 1941
  2. Kundert v. B. F. Goodrich Co.South Dakota Supreme Court · 1945
  3. Robertson v. HennrichSouth Dakota Supreme Court · 1947
  4. Campbell v. JacksonSouth Dakota Supreme Court · 1937
  5. Alborn v. ArmsSouth Dakota Supreme Court · 1952

3Cited by11 opinions

  1. Carpenter v. City of Belle FourcheSouth Dakota Supreme Court · 2000
  2. Davis v. KnipplingSouth Dakota Supreme Court · 1998
  3. Roth v. JeldenSouth Dakota Supreme Court · 1962
  4. Hullander v. McIntyreSouth Dakota Supreme Court · 1960
  5. Ricketts v. TusaSouth Dakota Supreme Court · 1974

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