Gartner v. Mohan
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix 'County. Hon. Robert B. Tripp, Judge. Action iby Harry Gartner, against John J. 'Mohan, to recover ■damages for personal injury. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Enox v. St. Paul Fire & Marine Ins. Co. (S. D.) 57 N. W. •gig; Fallon v. Rapid City, (S. D.) 97 N. W. 1009; Smith v. Northern Pac.
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Appeal from Circuit Court, Charles Mix 'County. Hon. Robert B. Tripp, Judge. Action iby Harry Gartner, against John J. 'Mohan, to recover ■damages for personal injury. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Enox v. St. Paul Fire & Marine Ins. Co. (S. D.) 57 N. W. •gig; Fallon v. Rapid City, (S. D.) 97 N. W. 1009; Smith v. Northern Pac. R. Co., 58 N. W. 345. Respondent cited: Crawleigh v. Galveston Railway Co., 67fch S. W. (Tex.) 140; Commonwealth v. Sturtivant, 117th Mass. 122 ; Railway…
1Opinion of the CourtPollen, J.
This case was before the court on former appeal. 39 S. D. 202, 163 N. W. 674.
After the reversal of the former judgment a new trial was had. . This trial resulted in a substantial verdict and judgment for plaintiff, and defendant appeals.
[1] But two questions are presented for consideration. The first relates to the reception of certain evidence relative to the extent of plaintiff’s injury. Plaintiff was a farm' hand. A number of witnesses, all farmers and for all of whom plaintiff had worked, were examined relative to plaintiff’s ability to perform steady manual labor after receiving the…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Gartner v. MohanSouth Dakota Supreme Court · 1917
3Cited by4 opinions
- Smith v. WeberSouth Dakota Supreme Court · 1944
- State v. CondonSouth Dakota Supreme Court · 2007
- from v. General American Life InsuranceNebraska Supreme Court · 1937
- McGrath v. BrownSupreme Court of Minnesota · 1938