60-2-2. Losses for which employer not required to indemnify employee. An employer, except as otherwise specially provided, is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the employer has neglected to use ordinary care in the selection of the culpable employee.
Source: CivC 1877, § 1130; CL 1887, § 3753; RCivC 1903, § 1449; RC 1919, § 1073; SDC 1939, § 17.0202; SL 2008, ch 276, § 7.
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