Libertin v. St. Paul Fire & Marine Insurance

Following our decision in the case of Libertin v. St. Paul Fire & Marine Ins. Co., 74 S.D. 436, 54 N.W.2d 168, there was a retrial. The court again entered judgment for plaintiff and defendant has appealed.

It was stipulated that the record made before the trial court in the prior trial should be made a part of the present record. We refer to our prior opinion for facts established at the first trial. The only new testimony in the second trial was given by the former witness Mary Denker, the driver of the car at the time of the accident, who had married since the first trial and whose name is…