Kielbach v. Chicago, M. & St. P. Ry.
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by Leonard Kielbach against the Chicago, Milwaukee & St. Paul Railway Company to recover for stock killed by defendant. From a judgment for plaintiff, defendant appeals. The undisputed evidence in this case fully rebuts the presumption of negligence created by the statute arising from the proof of killing the animal. The question in the case therefore became one of law to be decided by the court.
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Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by Leonard Kielbach against the Chicago, Milwaukee & St. Paul Railway Company to recover for stock killed by defendant. From a judgment for plaintiff, defendant appeals. The undisputed evidence in this case fully rebuts the presumption of negligence created by the statute arising from the proof of killing the animal. The question in the case therefore became one of law to be decided by the court. Gay v. Ry. Co., 5 Dak. 514; Huber v. Ry. Co., 6 Dak. 392; Potter v. Ry. Co., 5 Dak. 69; Hebom v. Ry. Co., 4 S. D. 538;…
1Opinion of the CourtCorson, J.
This is an action to recover the value of a calf killed by a train of the defendant railway company in Hutchinson county. The action was tried by a jury, and verdict and judgment were rendered in favor of the plaintiff, and the defendant appeals. This case was before us at a former term of this court, and a judgment in favor of the plaintiff was reversed, and the case remanded for a new trial. The case is reported in 11 S. D. 468, 78 N. W. 951.
The animal was killed a short distance north of a highway crossing. The train, consisting of engine, seven freight cars, and caboose, was going south.…
2Cases cited8 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
- Hutchinson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Olson v. DaySouth Dakota Supreme Court · 1909
- Skinner v. First National Bank & Trust Co.South Dakota Supreme Court · 1933
- Coughran v. Western Elevator Co.South Dakota Supreme Court · 1908
- Lockhart v. HewittSouth Dakota Supreme Court · 1904
- Roberts v. RuhSouth Dakota Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.