Legal Opinion

Gartner v. Mohan

South Dakota Supreme Court

Decided February 11, 1919No. File No. 4444PublishedCited by 4 opinions

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

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Gartner v. MohanSouth Dakota Supreme Court · 1917

3Cited by4 opinions

  1. Smith v. WeberSouth Dakota Supreme Court · 1944
  2. State v. CondonSouth Dakota Supreme Court · 2007
  3. from v. General American Life InsuranceNebraska Supreme Court · 1937
  4. McGrath v. BrownSupreme Court of Minnesota · 1938

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