Descombaz v. Klock

This is an action for damages for personal injuries sustained by plaintiff and caused by the alleged negligence of the defendant in the operation of an automobile upon the public highway, and is before us on rehearing. The former opinion is reported in 58 S. D. 173, 235 N. W. 502, where an extended statement of the facts may be found. Respondent contends that the defendant cannot avail himself of the defense of contributory negligence, other than the specific defense of negligence on the part of the plaintiff pleaded in 'his answer. A rehearing was granted that we might give further…