Ellwein v. Town of Roscoe
South Dakota Supreme Court
Action by Christina Ellwein, against the Town of Roscoe, -a municipal corporation, to recover damages resulting from personal injury. From a judgment for plaintiff, and from an order ■denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited, re the issue: 28 >Cyc. 1519, 1388. (3) To point three, Appellant cited: 7 Ency of Evidence, 430; Gurnb v. Ry.
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Action by Christina Ellwein, against the Town of Roscoe, -a municipal corporation, to recover damages resulting from personal injury. From a judgment for plaintiff, and from an order ■denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited, re the issue: 28 >Cyc. 1519, 1388. (3) To point three, Appellant cited: 7 Ency of Evidence, 430; Gurnb v. Ry. Co., 21 N. E. 993; International & G. N. R: ‘Co. v. Eane, 127 S. W. 1066; Jones v. City of Sioux Falls, 101 N. W. 43. (5) To point five, Appellant cited: Pipestone County Bank v. Ward (Minn.) 83 N. W. 991; Langford…
1Opinion of the CourtWhiting, J.
Action to recover damages for personal injuries. Verdict and judgment for plaintiff. Appeal from judgment and order denying a new trial.
In the cement crosswalks in • appellant town gutter openings-were left,- which openings were covered by planks Testing upon-rods embedded in the cement. Respondent met another woman, just at one of these gutters. This other woman stepped one one end of the plank covering, and the opposite end flew up, trippingf and throwing respondent down and causing her serious physical' injury.
[1] Respondent pleads negligence in the construction and' maintenance of the…
2Cases cited2 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
3Cited by11 opinions
- State v. RufenerSouth Dakota Supreme Court · 1986
- Ross v. FossSouth Dakota Supreme Court · 1958
- State v. KaneSouth Dakota Supreme Court · 1978
- Hohm v. City of Rapid CitySouth Dakota Supreme Court · 2008
- Norberg v. HagnaSouth Dakota Supreme Court · 1923
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