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65 S.D. 502

275 N.W 352

Alendal v. Madsen

South Dakota Supreme Court

Decided October 5, 1937

South Dakota Supreme Court · decided 1937-10-05

Good law ✅— No negative treatment on recordhow we know

Decided 1937-10-05

How this case has been cited

Cited by 5 later decisions — most recently January 1974

5 state decisions

2019371940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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POLLEY, J.,

¶1 (dissenting). It seems to me that the plaintiff in this action was so reckless of his own safety in trying to cross *510 the street in front of defendant’s car that ¡he should- be held to' be guilty of contributory negligence as a matter of law .and a verdict should' have been directed for the defendant.

¶2 Plaintiff saw the defendant’s car approaching ¡him from a considerable distance. He had plenty of time to have crossed the street before the car reached 'him, but, instead of crossing while he yet had> plenty of time, he waited until the car was within about a car’s length from where he was standing in the middle of the street. It was just a foolish attempt on the part of plaintiff to cross -the street in front of defendant’s car after the car -was so close to him that it could not possibly be stopped in time to> avoid-a collision.

¶3 The judgment and order appealed from ought to be reversed, with directions to the trial court to- dismiss the action.

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