Biggins v. Wagner

The plaintiff, a man seventy-one years old, was struck by a delivery truck driven by the defendant Wagner. The accident occurred on South Main avenue at a point approxi mately midway between West Tenth street and West Ninth street in the city of Sioux Falls. At this point there is a private driveway crossing the sidewalk on, the east side of Main avenue. As plaintiff was proceeding across this private driveway, the truck driven by the defendant Wagner was turned in from Main avenue and struck the plaintiff. This action was commenced to recover damages on the theory that the defendant Wagner…