South Dakota Supreme Court

Dwyer, Appellant v. Christensen, Respondent

October 2, 195877 S.D. 381

Summary

The court affirmed the judgment for the defendant after concluding that the challenged jury instructions either correctly stated the governing law or, although erroneous or inapplicable, did not prejudice the plaintiff. The court held that a vehicle more than a mile away was not an approaching vehicle entitled to statutory right-of-way protection under the circumstances, treated its prior ruling on the assured-clear-distance instructions as law of the case, and found no prejudicial error in the brake or contributory-negligence instructions.