Smith v. Chicago, Mil. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit Court, Moody county. Hon. Prank R. Aikens, Judge. Action to recover for the death of deceased. Prom a judgment for plaintiff for one dollar, he appeals. The facts are stated in the opinion. A railroad is negligent where it leaves a car upon a side track in such a manner that it is blown by the wind upon the main track to the injury of some person.
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Appeal from circuit Court, Moody county. Hon. Prank R. Aikens, Judge. Action to recover for the death of deceased. Prom a judgment for plaintiff for one dollar, he appeals. The facts are stated in the opinion. A railroad is negligent where it leaves a car upon a side track in such a manner that it is blown by the wind upon the main track to the injury of some person. Webster v. Railroad, 115 N.' Y. 112; Breen v. Railroad, 109 N. Y. 297; Seybolt v. Railroad, 95 N. Y. 562. When the injuries complained of can be traced to negligence on the part of the railway as their primary cause, the…
1Opinion of the CourtCorson, P. J.
On the night of May 6, 1889, one Fred A. Smith, an unmarried man, about 28 years of age, while acting as breakman on defendant’s railway, was killed in the collision between the freight train on which he was employed, as break-man, and an empty freight car, that had, from some cause, left a side track and run onto the main track, and which, it is alleged, was negligently left upon said side track, improperly and negligently secured. The said Fred A. Smith left no widow or children, but a father, William B. Smith, who took out letters of administration upon his estate, and brings this action…
2Cases cited22 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- City of Chicago v. MajorIllinois Supreme Court · 1857
- March v. WalkerTexas Supreme Court · 1877
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- City of Chicago v. ScholtenIllinois Supreme Court · 1874
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3Cited by14 opinions
- Anderson v. LaleSouth Dakota Supreme Court · 1974
- Hodkinson v. ParkerSouth Dakota Supreme Court · 1944
- Simons v. KiddSouth Dakota Supreme Court · 1950
- Flagtwet v. SmithSouth Dakota Supreme Court · 1985
- Atchison, Topeka & Santa Fe Railway Co. v. TownsendSupreme Court of Kansas · 1905
9 more not listed; retrieve them via the Exa API.