Rowe v. Richards
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. C. X. SttwARD, Judge. Action by Jessie Rowe against O. H. Richards and another and the 'City oí Watertown, to recover damages resulting from the death of plaintiffs husband caused by a falling wall. From a judgment overruling a demurrer to the complaint, defendant city appeals.
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Appeal from Circuit Court, Codington County. Hon. C. X. SttwARD, Judge. Action by Jessie Rowe against O. H. Richards and another and the 'City oí Watertown, to recover damages resulting from the death of plaintiffs husband caused by a falling wall. From a judgment overruling a demurrer to the complaint, defendant city appeals. Tliis action, and all actions for damages resulting from the death of a person by the negligence of another, are purely creatures of the statute. ’Smith v. C. M. & St. P. Ry. Co., 6 S. D. 583; Belding v. Railroad Company (S. D.) 53 N. W. 750; Vol. 8 Am. and Eng. Encyc.…
1Opinion of the CourtPoeeey, J.
This action is brought against O. PL and E. R-Richards and the city of Watertown for the recovery of damages resulting from the death of the plaintiff’s husband. The defendant city of Watertown, hereinafter -to be designated as the city, appeared separately and demurred to plaintiff’s complaint on the grounds: “(i) That there is a defect of parties plaintiff 5(2) that there is a defect of parties defendant; (3) that there are several . causes of action improperly united; (4) that the complaint does not state facts sufficient to constitute a cause of action; (5) that the plaintiff has no legal…
2Cases cited23 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Grove v. City of Fort WayneIndiana Supreme Court · 1874
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Simons v. KiddSouth Dakota Supreme Court · 1949
- Rowe v. RichardsSouth Dakota Supreme Court · 1915
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
25 more not listed; retrieve them via the Exa API.