South Dakota Supreme Court, 1912

Mariner v. Patten

Mariner v. Patten
South Dakota Supreme Court · Decided October 1, 1912 · Corson, Mocoy, Smith, Whiting
30 S.D. 103; 137 N.W. 590; 1912 S.D. LEXIS 206

Mariner v. Patten

Opinion of the Court

CORSON, J.

This case is before us on rehearing. The ap*104peal was from a judgment entered in favor of the plaintiff against the defendant on a directed verdict. On the hearing of the appeal at a former term of this court, the judgment of the court below and order denying a new trial were reversed. The opinion in -the case is reported in 132 N. W. 685. After a careful review of our decision, we are satisfied that the 'same was right, and that the judgment of the court below and order denying a new trial were properly reversed.

The judgment of the circuit court and order denying a new trial are reversed.

MoCOY, P. J., and WHITING and SMITH, JJ., concur in the result.

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