South Dakota Supreme Court October 3, 1972, File 10994 (Egan v. Sheffer)

WINANS, Judge

(dissenting).

*693I dissent and will state my reasons without elaboration. In Wentzel v. Huebner, 78 S.D. 481, 104 N.W.2d 695 (1960), the question of whether the defendant was entitled to an instruction on the issue of plaintiff's contributory negligence under what is now SDCL 32-34-2 was taken care of by this court's statement, "It so clearly appears that the substance of