Usletten v. City of Brookings

The decision of this court on a former appeal, reported in 53 S. D. 644, 222 N. W. 268, sustained the order of the trial court overruling demurrer to the complaint. After trial in the circuit court on the merits and decision on appeal in this court, 58 S. D. 303, 235 N. W. 705, the defendants made application for rehearing, which was granted.

This action was instituted for the recovery of damages for personal injuries sustained by the plaintiff. Upon the occasion in question the plaintiff, met a friend, Ben Togsecl, and they stopped to converse. Plaintiff leaned back against an iron railing…