J. F. Kelley & Co. v. Mead

This case was decided at a former term of this court, and is reported in 101 N. W. 882. On petition a rehearing was granted, and the case is now before us on such rehearing.

The rehearing was granted upon the contention mainly of appellant’s counsel that there was a conflict between the decision in the case at bar and the decision in the case of Edmison et al. v. Sioux Falls Water Company, 10 S. D. 440, 73 N. W. 910, and that ■under the decision in that case the court should have excluded in the *304case at bar all proof of damages for the use and occupation of the premises while the injunction…