Crary v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Hanson county; Hon. Frank B. Smith, Judge. Action by Beach Crary against the Chicago, Milwaukee & St. Paul Railway Company to recover for stock alleged to have been killed by an engine of defendant’company. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the Court
Corson, P. Jj
This action was commenced in a justice court to recover the value of a steer alleged to have been killed by an engine of the defendant company, and in that court a judgment was rendered in favor of the. plaintiff. Frem this judgment the defendant appealed to the circuit court, where a verdict was directed in favor of the defendant, and from this judgment and an order denying a new trial the plaintiff has appealed to this court.
The steer was killed on a school section, a part of which the plaintiff had leased. The defendant erected a fence in 1900 along the south side of its right…
2Cases cited4 opinions
- McGill v. YoungSouth Dakota Supreme Court · 1902
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
3Cited by4 opinions
- Evans v. Southside Place Park Ass'nCourt of Appeals of Texas · 1941
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
- Davis Bros. & Burke v. Le FloreSupreme Court of Oklahoma · 1910
- Knight v. Southern Pacific Co.Utah Supreme Court · 1918