Rowe v. Richards
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon Carr- G. Shiírwood, Judge. • Action by Jessie Row-e, widow and administratrix of William D. Rowe, deceased, against O. H. Richards and others, to recover damages resulting to herself and child, through the death of 'her husband, caused by defendants’ negligence. Prom an order sustaining a demurrer to the answer, alleging settlement and release of damages by decedent after receiving the injury, defendants appeal.
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Appeal from Circuit Court, Codington County. Hon Carr- G. Shiírwood, Judge. • Action by Jessie Row-e, widow and administratrix of William D. Rowe, deceased, against O. H. Richards and others, to recover damages resulting to herself and child, through the death of 'her husband, caused by defendants’ negligence. Prom an order sustaining a demurrer to the answer, alleging settlement and release of damages by decedent after receiving the injury, defendants appeal. (i) Under point one of the opinion, Appellant cited: Note in 27 L. R. A. (N. S.) p. 176; Laws 1909, 'Ch. 301; Cooley on Torts, 2d Ed.,…
1Opinion of the CourtWhiting, J.
Plaintiff, the widow of one Wm. D. Rowe *204and the administratrix of his estate, brought this action, under the provisions of chapter 301, Laws 1909, and sought to recover damages which she and her child, as- widow and surviving child, suffered through the death of the husband and father, which death was alleged to have been occasioned by the negligent acts of defendants. Defendants alleged that the deceased, after receiving- the injury from which he afterwards died, settled for such injury with one of the defendants and executed- a full release of all damages occasioned1 by the alleged…
2Cases cited27 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Holton v. DalyIllinois Supreme Court · 1882
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- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Veeder v. . BakerNew York Court of Appeals · 1880
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