Kreger v. City of Clear Lake
South Dakota Supreme Court
Appeal from Circuit Court, Deuel County; .Hon. W. N. Skinner, Judge. Action by William' Kreger against the -City of -Clear Lake and others. Judgment for -plaintiff, and defendants appeal.
Read the full summary
Appeal from Circuit Court, Deuel County; .Hon. W. N. Skinner, Judge. Action by William' Kreger against the -City of -Clear Lake and others. Judgment for -plaintiff, and defendants appeal. Appellant cited': Rev. Code 1919, Secs'. 6555-655-8; P'elletier v. City of Ashton, 12 -S. Dl 366, 81 N. W. 735; Qualey v. City of Brookings, 18 S.- D. 581; Johnson v. Town of Castlewood, 40 S. D. 493, r68 N1. W. 124; Thiel v. City of Alexandria, 41 S. D. 427, 171 N. W. 209. Respondent cited: Cole. v. City of Watertown (S. D1.), 147 N. W. 91; State v. Pierre, 90 N. W. 1047, 15 S'. D. 559..
1DissentDillon, J.
The judgment of the trial court is presumed to be correct. This court should not in any manner encroach upon the duties and rights of the trial judge. He is entitled to his opinions, and his decision imports verity, and ought to stand unless errors of law are clearly shown. He should be free to draw his own inferences on the evidence, on the, credibility of the witnesses, and on his own inspection of the property sought *618to be excluded, and his conclusions on these matters is entitled to great weight. This court does not act as a trial court, but simply reviews qúestions of error of the lower…
2Cases cited1 opinion
- Kreger v. City of Clear LakeSouth Dakota Supreme Court · 1923