Hyde v. M., D. & P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank; . McNulty, Judge. Action by Charles L. Hyde against the Minnesota, Dakota & Pacific Railway Company and' another, for damages for locating, maintaining and operating, etc:, a railroad in proximity to plaintiff’s lots.
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Appeal from Circuit Court, Brown County. Hon. Frank; . McNulty, Judge. Action by Charles L. Hyde against the Minnesota, Dakota & Pacific Railway Company and' another, for damages for locating, maintaining and operating, etc:, a railroad in proximity to plaintiff’s lots. From a judgment of dismissal entered upon sustaining defendants’ objection to introduction of evidence under the complaint as not stating a cause of action, on the trial, plaintiff appeals; but the case was here presented by counsel and treated by the court as though on appeal from an order sustaining a demurrer to complaint.…
1Opinion of the CourtWhiting, J.
This action was brought to recover damages which plaintiff alleged he had suffered through the acts of defendants. Upon the trial before the circuit court and jury, defendants objected to the introduction of any evidence under the complaint, basing their objection upon the ground that such complaint did not state facts constituting a cause of action. The objection was sustained, and verdict for defendants directed. Judgment having been rendered upon such verdict, plaintiff appealed to this court, and in his brief states: “There is but one question in this case. Plaintiff contends that he is…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
- Darnall v. StateSouth Dakota Supreme Court · 1961
- State Highway Commission v. BloomSouth Dakota Supreme Court · 1958
- Hurley v. StateSouth Dakota Supreme Court · 1966
- State v. HoblittMontana Supreme Court · 1930
38 more not listed; retrieve them via the Exa API.