Fajardo v. Cammack

I agree that the judgment notwithstanding the verdict should be reversed and that the order granting the new trial should be affirmed (although I believe that the order granting the new trial is also sustainable by reason of the trial court’s refusal to admit the morbidity reports and in refusing the medical testimony to the effect that carnivals are one of the principal sources of salmonella enteritus in the state).

I concur specially only on the issue of the applicability of the rule announced in Parham v. Dell Rapids Township in Minnehaha County, 80 S.D. 281, 122 N.W.2d 548 (1963). When…