Sinkling v. Illinois Central Railway Co.
South Dakota Supreme Court
Appeal from county court, Minnehaba county. Hon. W. A. Wilkes, Judge. Damages. Plaintiff recovered judgment in a justice’s court, and defendant appealed to tbe county court, where a trial de novo was had and plaintiff again had judgment. Defendant appeals. The facts are stated in the opinion. The question of contributory negligence should have been submitted to the jury.
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Appeal from county court, Minnehaba county. Hon. W. A. Wilkes, Judge. Damages. Plaintiff recovered judgment in a justice’s court, and defendant appealed to tbe county court, where a trial de novo was had and plaintiff again had judgment. Defendant appeals. The facts are stated in the opinion. The question of contributory negligence should have been submitted to the jury. Trow v. Railroad, 24 Vt. 487; Carey v. Railroad, 61 Wis. 71; Tower v. Railroad, 2 R. I. 404; Niemann v. Railroad, 80 Mich. 197; Hanna v. Railroad, 119 Ind. 316; 1 Rap.. & Mack’s Dig. Ry. Law, 208-236. An appeal will not lie…
1Opinion of the CourtFuller, J.
This action, to recover the value of a horse owned by plaintiff’s assignor, and which was killed April 5, *5621896, on the defendant’s right of way by a passenger train, was instituted and tried in justice court, resulting in a judgment for plaintiff, from which the defendant appealed to the county court, where judgment for plaintiff was again obtained, and the defendant appeals to this court. A preliminary motion is interposed to dismiss the appeal both from the judgment and the order overruling the application for a new trial but the only point possessing any merit or worthy of…
2Cases cited20 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
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3Cited by7 opinions
- Martin v. SmithSouth Dakota Supreme Court · 1899
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Mettel v. GalesSouth Dakota Supreme Court · 1900
- Collman v. StateSupreme Court of Arkansas · 1923
- Chamberlain-Wallace Co. v. AkersNorth Dakota Supreme Court · 1913
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