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· 7/1/1992

Westover v. East River Electric Power Cooperative, Inc.

Citations

  • 488 N.W.2d 892
  • 1992 S.D. LEXIS 91
  • 1992 WL 150168

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding trial court properly refused to find that plaintiff’s contributory negligence was more than slight as a matter of law when the defendant failed to follow its own safety procedures and failed to provide supervision and warnings to the plaintiff
  • “In the absence of a factual dispute, where the evidence warrants, the circuit court and this court can find assumption of the risk as a matter of law.”
  • “It is only when the facts show beyond any dispute that plaintiff has committed negligence more than ‘slight,’ that it is appropriate for the circuit court and this court to hold, as a matter of law, for a negligent defendant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller, Henderson, Sabers, Amundson, Gilbertson, Wuest

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.