Allen v. McLain

This matter has been before the court previously. It is an action by a guest passenger against the owner of an automobile for damages arising from personal injuries sustained when the automobile overturned. When the case was first tried the jury returned a verdict for the defendant. The trial'court then granted plaintiff’s motion for a new trial. The first appeal was by the defendant from *523that order. We affirmed the order for a new trial. Our decision in that connection is reported in 74 S.D. 646, 58 N.W. 2d 232. Reference is made to the former decision for a comprehensive summarization of…