Keairnes v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appealed from- 'Circuit Court, Corson County. Hon. Raymond lb. Diulman, Judge. Action by H. R. Keairnes, against the Chicago, Milwaukee & 'St. Paul Railway Company, a corporation, to recover damages for personal injury while plaintiff was travelling in charge of an interstate livestock shipment under a drover’s pass. Erom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: C. M. & St. P. Ry.
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Appealed from- 'Circuit Court, Corson County. Hon. Raymond lb. Diulman, Judge. Action by H. R. Keairnes, against the Chicago, Milwaukee & 'St. Paul Railway Company, a corporation, to recover damages for personal injury while plaintiff was travelling in charge of an interstate livestock shipment under a drover’s pass. Erom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: C. M. & St. P. Ry. Co. v. -Solan, ido U. S. 133; Adams Express Co. v. Croninger, 226 U. S. 491. Respondent cited: Adams-Express Co. v.…
1Opinion of the CourtMcOOY, J.
On December 23, 1916, plaintiff, as a caretaker of two carloads of, hogs then being shipped from- Hettinger, N. D., to Sioux City, Iowa, was riding upon a drover’s pass on one of defendant’s trains near Thunderhawk, S. D., when the caboose in which plaintiff was riding became derailed by reason of the brakeman having thrown a switch too soon while said train was passing from1 the main track to and upon, a side track. The derailment of said -caboose caused plaintiff to be thrown and bumped against the sides .of the car and against a table, thereby injuring, bruising, and' spraining the hip,…
2Cases cited9 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Chicago, Rock Island & Pacific Railway Co. v. MaucherSupreme Court of the United States · 1919
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
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3Cited by1 opinion
- Blackwell v. Alaska S. S. Co.District Court, W.D. Washington · 1923