Bergeron v. Minneapolis & St. Louis Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Grant County, HoN. Alva E. Taylor, Judge. Action by Mary Bergerson, against Minneapolis & St. Louis; Railway Company, to recover damages for personal injury, from a judgment for plaintiff, and from' an order denying a new trial,, defendant appeals. (2) To point two of the opinion, Appellant cited: Pendrojr v. G. N, Ry. Go. 1x7 N. Y. p-. 531; Hope v. G. N. Ry.
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Appeal from circuit court, Grant County, HoN. Alva E. Taylor, Judge. Action by Mary Bergerson, against Minneapolis & St. Louis; Railway Company, to recover damages for personal injury, from a judgment for plaintiff, and from' an order denying a new trial,, defendant appeals. (2) To point two of the opinion, Appellant cited: Pendrojr v. G. N, Ry. Go. 1x7 N. Y. p-. 531; Hope v. G. N. Ry. Co.. 122 N. W. p. 997. Respondent cited: Vol. 33 Cyc. 922, 977; Texas & Pacific-Railway Co. v. Cody, 166 U. S. at page 606, Vol. 41 Law Ed. at. page 1132; Williams v. Chicago, B. & Q. R. Co., 111 N. W. 396,. 14…
1Opinion of the CourtSmith, J.
Action for negligence in frightening plaintiff’s team, resulting in personal injuries to' plaintiff. At -the close of all the evidence defendant moved for a directed verdict on -two grounds: First, that the evidence failed -to show negligence on the 'part of defendant; second, that the evidence -disclosed negligence on the part of plaintiff such as to preclude recovery. Briefly stated, the circumstances disclosed by the undisputed evidence are as follows:
The plaintiff, a woman 45 years of’ age, lived on a farm 8 iniles from .Revillo-, where she had resided about 13 years. On the 27th of…
2Cases cited11 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Loucks v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Hahn v. Southern Pacific RailroadCalifornia Supreme Court · 1877
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3Cited by2 opinions
- Finger v. Northwest Properties, Inc.South Dakota Supreme Court · 1934
- Niagara Falls Insurance v. Standard Oil Co.South Dakota Supreme Court · 1934