Miller v. Baken Park, Inc.

ON PETITION FOR REHEARING

HOMEYER, Judge.

In an opinion filed on March 6, 1970, this court reversed the judgment in case # 10586, Miller v. Baken Park, Inc., S.D., 175 N.W.2d 605. The ground for reversal was the refusal of the trial court to give Instruction No. 19, which cautioned the jury that if it found the husband, Donald Miller, contributorily negligent 'his negligence could not be imputed to the wife, Elaine Miller.

In a petition for rehearing, which was timely filed, the defendant accepts the decision of the court on this point but strenuously objects to dicta contained in the opinion on…