Legal Opinion

Limmer v. Westegaard

South Dakota Supreme Court

Decided February 17, 1977No. 11620PublishedCited by 19 opinions

1Opinion of the Court

PORTER, Justice (on reassignment).

If plaintiff’s jury verdict is sustainable on another theory, does jury misdirection by the trial court as to the law on vehicular right-of-way require reversal in this street intersection auto collision case? For the reasons stated, we conclude the jury verdict must stand.

SDCL 32-26-13 1 applies here as does SDCL 32 — 14-3. 2 The trial court received in evidence section 34 — 107 of the Revised Ordinances of the City of Brookings 3 (plaintiff’s Exhibit 8), and submitted the ordinance provisions to the jury by Instructions No. 13 4 and 14. 5

Defendant objected…

2Cases cited13 opinions

  1. Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
  2. Johnson v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1952
  3. John A. Karjala v. Johns-Manville Products CorporationCourt of Appeals for the Eighth Circuit · 1975
  4. University Computing Co. v. Lykes-Youngstown Corp.Court of Appeals for the Fifth Circuit · 1974
  5. Dwyer v. ChristensenSouth Dakota Supreme Court · 1958

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Mid-America Marketing Corp. v. Dakota Industries, Inc.South Dakota Supreme Court · 1980
  2. South Dakota Building Authority v. Geiger-Berger Associates, P.C.South Dakota Supreme Court · 1987
  3. Thomas v. Sully CountySouth Dakota Supreme Court · 2001
  4. Teigen Construction, Inc. v. Pavement Specialists, Inc.South Dakota Supreme Court · 1978
  5. Lahm v. Burlington Northern RailroadNebraska Court of Appeals · 1997

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