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83 S.D. 1

153 N.W.2d 305

Blakey v. Boos

South Dakota Supreme Court

Decided October 13, 1967

South Dakota Supreme Court · decided 1967-10-13

Good law ✅— No negative treatment on recordhow we know

Decided 1967-10-13

How this case has been cited

Cited by 28 later decisions — most recently November 2015 · most notably Northwestern Bell Telephone Co. v. Henry Carlson Co. (1969), Giraldo v. Department of Corrections & Rehabilitation (2008)

2 district · 26 state decisions

100196719701980199020002010decided

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.

View the full empirical analysis of this case →

BIEGELMEIER, Judge

¶1(concurring).

¶2The Jail Rules and Regulations adopted by the Board of Charities and Corrections are stated to be "For the Guidance of Personnel and Governing Inmates Conduct" (Emphasis added). In my opinion these rules are for the guidance only of the personnel and a violation thereof is not negligence as a matter of law, but, at most, evidence of negligence. Further, Section V being headed "Jail Security" has for its purpose denying the prisoner weapons, tools or articles which he might use to escape and not for the purpose of protecting other prisoners. The in*10struction given by the trial court was more favorable to plaintiff than that to which he was entitled, and therefore he cannot complain. Otherwise I concur in the opinion and the result reached.

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