# Schmeling v. Jorgensen

> South Dakota Supreme Court · August 2, 1957 · 77 S.D. 8

URL: https://www.frixlaw.com/law-library/cases/9691031

## Case

- **Full name:** SCHMELING, Appellant v. JORGENSEN, Respondent
- **Court:** South Dakota Supreme Court
- **Decided:** August 2, 1957
- **Citations:** 77 S.D. 8; 84 N.W.2d 558; 1957 S.D. LEXIS 34
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Smith, Rudolph, Rentto, Hanson, Roberts
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9691031

## How later opinions describe it (automated extraction)

- 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. Laue…
- stating, “it is a fundamental rule that negligence to be actionable must be a proximate cause of the damage."

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9691031. Public record. Not legal advice.