stating, "[a]nd, of course, negligence, to render a person liable, need not be the sole cause of injury, but it is sufficient that his negligence concurring with one or more efficient negligent acts of third persons, is a proximate cause of the injury.” (citing Lapp v. J. Lauesen Co., 67 S.D. 411, 293 N.W. 536; Rowan v. Becker, 73 S.D. 273, 41 N.W.2d 836; and Hjermstad. v. Petroleum Carriers, 74 S.D. 406, 53 N.W.2d 839). See also Northwestern Bell Tel. Co. v. Henry Carlson Co., 83 S.D. 664, 669, 165 N.W.2d 346, 349 (1969)
How later courts described this case
- stating, "[a]nd, of course, negligence, to render a person liable, need not be the sole cause of injury, but it is sufficient that his negligence concurring with one or more efficient negligent acts of third persons, is a proximate cause of the injury.” (citing Lapp v. J. Lauesen Co., 67 S.D. 411, 293 N.W. 536; Rowan v. Becker, 73 S.D. 273, 41 N.W.2d 836; and Hjermstad. v. Petroleum Carriers, 74 S.D. 406, 53 N.W.2d 839). See also Northwestern Bell Tel. Co. v. Henry Carlson Co., 83 S.D. 664, 669, 165 N.W.2d 346, 349 (1969)
- stating, “it is a fundamental rule that negligence to be actionable must be a proximate cause of the damage."
Written by the judges who cited it.
The opinion
ROBERTS, Judge
(dissenting).
While I am in accord with the general principles of law as stated in the majority opinion, yet I am convinced that under plaintiff’s own version of the relevant facts the rule that an employer is chargeable with negligence in failing to furnish a sufficient number of workmen to enable those engaged in the work to carry it out with reasonable safety to themselves is not applicable. I think the judgment should be affirmed.