Legal Opinion · Dissent

Anderson v. Adamson

South Dakota Supreme Court

Decided January 16, 1962No. File 9914Published

1DissentBiegelmeier, J.

Because the traffic ordinances were not introduced in evidence, the .majority opinion, in accord with prior decisions of this court, concludes the court’s instruction as to a left turn was not prejudicial error. This is on the reasoning that (1) the ordinance does not authorize a left turn, (2) therefore does not permit it, (3) that it does in fact prohibit it; therefore violation of the ordinance was negligence.

If the ordinance does not prohibit the left turn it was prejudicial error to give the instruction as this court has recently indicated In Barnhart v. Ahlers, 79 S.D. 186, 110 N.W. 2d…

2Cases cited3 opinions

  1. State Highway Commission v. FortuneSouth Dakota Supreme Court · 1958
  2. Barnhart v. AhlersSouth Dakota Supreme Court · 1961
  3. Blackpipe State Bank v. GrassSouth Dakota Supreme Court · 1960

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