Larsen v. Johnson

This cause was before us on a former appeal and an opinion w:as rendered in 43 S. D. 223, 178 N. W. 876. Upon retrial the jury returned a verdict for plaintiff in the sum of $4,000. The court denied defendant’s motion for judgment notwithstanding the verdict, but therewith the trial judge filed an opinion stating that such ruling was because of the former opinion of this court and w!as contrary to his personal views; that it could be reasonably contended that the facts disclosed at this trial were not materially different from, those on the former trial; and that in his opinion the undisputed…