Cooper v. Holscher

This action was brought to recover damages for personal injuries. The injuries complained of were caused by the same accident that is involved in Morton v. Holscher, recently decided by this court and reported in 60 S. D. 50, 243 N. W. 89. The facts, of course, are exactly the same in both cases and so far as the questions of law are similar, they are disposed of in the Morton Case. But some questions of law are presented by the record in this case that were not presented in the other, and those questions, so far as necessary for a determination of this case, we shall now proceed to consider.

A…