Cargill, Incorporated, a Foreign Corporation v. Francis Zimmer, Special Administrator of the Estate of Francis Zimmer, Jr., Deceased

LAY, Circuit Judge.

The appellant seeks relief from a jury verdict and judgment in favor of the plaintiff-appellee, by reason of the alleged wrongful death of Francis Zimmer, Jr., age 12 years and 3 months. The verdict was in the sum of $15,482.00. Appellant owned property in Sioux Falls, South Dakota. At the property site were four steel grain storage tanks with a building and elevator immediately adjacent to them. Sometime prior to the accident in question, the feed merchandising operation was closed down and the silos were in minimal use.

Each of the steel silos was 35 feet in diameter and…