Peterson v. Roberts County
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank MoNurty, Judge. Action by S. D. Peterson against Roberts County, South Dakota, Gold Brothers .Security^ Company, and others, for damages from construction of a drainage ditch over plaintiff’s land. Judgment for defendants, and plaintiff appeals. Paragraph 7 of complaint is part of the alleged first' cause of action. The complaint clearly shows a cause of action against the defendants, Gold Bros. Security Company, Jno.
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Appeal from Circuit Court, Roberts County. Hon. Frank MoNurty, Judge. Action by S. D. Peterson against Roberts County, South Dakota, Gold Brothers .Security^ Company, and others, for damages from construction of a drainage ditch over plaintiff’s land. Judgment for defendants, and plaintiff appeals. Paragraph 7 of complaint is part of the alleged first' cause of action. The complaint clearly shows a cause of action against the defendants, Gold Bros. Security Company, Jno. A. Munro, Henry Osterloh and Wm. J. Maly, and that they are the parties in interest and those for whose benefit and at…
1Opinion of the Court
GATES, J-
The complaint in this case alleges ownership' of S. E. (4, 4-122-49 in the plaintiff; the amount of •damages claimed; and the filing of the claim therefor with the county board of Roberts county. Paragraph 4 of the first cause of action is as follows: "That in the year 1908 the defendant Roberts county, by its agent, Knorr Bros., without the authority of law and without the permission or consent of this plaintiff and against his protest and with force and arm-s, entered upon the land of the ‘plaintiff herein described, and took possession of a, large strip of land extending through…
2Cases cited2 opinions
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
3Cited by1 opinion
- North Central Airlines, Inc., a Corporation v. The City of Aberdeen, South Dakota, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1966