Baxter v. Park

After reviewing the whole case, I do not think that the respondent landowner should be found liable. The case is now on trial on the question of whether the proximate cause of the deaths of the two boys, having been found by the jury to be an affirmative act of the boys, is sufficient to overturn the decision formerly made by this court upon demurrer. It is any opinion that the former decision of this court upon demurrer should be overruled and reversed. M. E. Smith & Co. v. Kimble, 38 S. D. 511 162 N. W. 162; Larsen v. Johnson, 47 S. D. 202, 197 N. W. 230.

These actions were brought against a…