28 N.W.2d 84
File No. 8884.Supreme Court of South Dakota.
Opinion filed May 21, 1947.
Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge.
Roy D. Burns, of Sioux Falls, for plaintiff and Appellant.
Page 609
John R. McDowell, State’s Atty. and Ernest Raley, Asst. State’s Atty., both of Sioux Falls, for defendants and Respondents.
Stordahl May and Roy E. Willy, all of Sioux Falls, for intervening defendants and Respondents.
PER CURIAM.
This appeal is ruled by the decision today filed in Great Northern Railway Co. v. Graff et al., 71 S.D. 595, 28 N.W.2d 77. The judgment of the trial court is affirmed.
WOHLHETER, Circuit Judge, sitting for POLLEY, J.
ROBERTS, RUDOLPH, and SMITH, JJ., and WOHLHETER, Circuit Judge, concur.
SICKEL, P.J., dissents.