· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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