Legal Opinion

Anderson v. Anderson

South Dakota Supreme Court

Decided September 3, 1918No. File No. 4269PublishedCited by 11 opinions

Appeal from Circuit Court, Spink 'County.. Hon. Alva E. Taylor, Judge. Action iby Else Anderson, as- administratrix of the estate of Ludwig C. W. Anderson, againstS. C. Anderson, to recover damages for death caused (by'.defendant’s vicious bull. From a judgment for plaintiff, 'and from an order denying a new trial, defendant appeals.

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Appeal from Circuit Court, Spink 'County.. Hon. Alva E. Taylor, Judge. Action iby Else Anderson, as- administratrix of the estate of Ludwig C. W. Anderson, againstS. C. Anderson, to recover damages for death caused (by'.defendant’s vicious bull. From a judgment for plaintiff, 'and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Vol. 3 Corpus Juris, Pages 89, 108; Bricoe vs. Alfrey, 30 L. R. A. 607; 1 Ruling Case Law, 10899 Williams vs. Moray, (Ind.) 39 Am. Rep. 76; Meredith vs. Reed 26 Ind. 334; 29 Cyc. 511, and cases 'Cited. Respondent…

1Opinion of the CourtPolley, J.

Plain-tiff is the surviving widow of Ludwig Anderson, deceased, and is administratrix of his estate. Decedent was killed by a bull owned by defendant, and: this action is *36■brought to recover damages occasioned -by the death of said decedent.

Plaintiff states her -cause -of action in two separate counts. In-■the first, she alleges that the lbu-11 was vic'io-us and known to be vi-cious 'by -defendant, without alleging any negligence -on the part of defendant other than the keeping of the- bull after -defendant h-a-d knowledge of -h-is vi-cic-usi and dangerous tendencies. In- the second count,…

2Cases cited3 opinions

  1. Spring Co. v. EdgarSupreme Court of the United States · 1879
  2. Lesher v. GetmanSupreme Court of Minnesota · 1883
  3. Glidden v. MooreNebraska Supreme Court · 1883

3Cited by11 opinions

  1. Bauman v. AuchSouth Dakota Supreme Court · 1995
  2. Gehrts v. BatteenSouth Dakota Supreme Court · 2001
  3. Bottum v. KamenSouth Dakota Supreme Court · 1921
  4. Boatman v. MilesWyoming Supreme Court · 1921
  5. Warwick v. MulveySouth Dakota Supreme Court · 1964

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