Wendt v. Chicago, St. P., M. & O. Railway Co.
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon E. Parliman, Judge. Action by William Wendt against the Chicago, St. Paul, Minneapolis & Omaha Railroad Company, to recover damages for injuries by fire to personal property alleged to have been caused by the negligence of defendant. There was judgment for plaintiff, from which, and an order denying a new trial, defendant appeals. The facts are stated in the opinion.
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Appeal from Minnehaha county court. Hon E. Parliman, Judge. Action by William Wendt against the Chicago, St. Paul, Minneapolis & Omaha Railroad Company, to recover damages for injuries by fire to personal property alleged to have been caused by the negligence of defendant. There was judgment for plaintiff, from which, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The proper practice when a question is asked a witness that is not objectionable of itself, but the answer is not responsive thereto and contains improper or incompetent evidence is a…
1Opinion of the CourtCorson, J.
This was an action to recover damages sustained by plaintiff for the loss of hay and grass destroyed and machinery damaged by a fife alleged to have been caused by the negligence of the defendant. The case was tried by a jury, and verdict and judgment rendered in favor of the plaintiff, from which judgment, and order denying a motion for a new trial, the defendant appeals.
It was alleged in the complaint that the defendant negligently permitted dry grass and other combustible material to accumulate upon its right of way; that the defendant negligently caused the same to be set on fire by a…
2Cases cited6 opinions
- Gould v. DaySupreme Court of the United States · 1877
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- In Re the Final Accounting of MorganNew York Court of Appeals · 1887
- McCabe v. . BraytonNew York Court of Appeals · 1868
- La Rue v. St. Anthony & D. Elevator Co.South Dakota Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Coco v. StateSupreme Court of Florida · 1953
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Townsend v. KennedySouth Dakota Supreme Court · 1894
18 more not listed; retrieve them via the Exa API.