Huntimer v. South Dakota Central Railway Co.
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Lake County. Hon. Joseph W. Jones, Judge. Action by Frank E. Huntimer against the South Dakota Central Railway Company to recover double damages for killing of livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Prior to the trial of this case this court had, in Jensen v. S. D. C. Ry.
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Appeal from 'Circuit 'Court, Lake County. Hon. Joseph W. Jones, Judge. Action by Frank E. Huntimer against the South Dakota Central Railway Company to recover double damages for killing of livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Prior to the trial of this case this court had, in Jensen v. S. D. C. Ry. Co. and Lidel v. same, 127 N. W., pp. 650 and 653, respectively, held that chapter 218 of the Laws of 1907 was in each and all of its details in force. In, view of the fact that the writer of this brief had tried the Lidel Case, both at…
1Opinion of the CourtMcCOY, J.
This action was brought to recover the value of certain pigs alleged to have been killed by defendant’s railway train at a place where it is claimed i't was obliged to fence its right of way. 'Defendant answered by general denial. Verdict was rendered for plaintiff, and judgment entered for double damages, under the provisions of chapter 218, Laws of 1907. Motion for new trial' was made and denied. Defendant appeals. '
The only assignment of error presented is that the court erred ip, refusing to grant a new trial. The motion for new trial was claimed on the ground of surprise in this: That…
2Cases cited3 opinions
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Bekker v. White River Valley Ry. Co.South Dakota Supreme Court · 1911
- Lidel v. South Dakota Cent. Ry. Co.South Dakota Supreme Court · 1910
3Cited by1 opinion
- Baumberger v. South Dakota Central Railway Co.South Dakota Supreme Court · 1913