Bottum v. Kamen
South Dakota Supreme Court
Appeal from ‘Circuit Court, Brown ’County. Hon. Frank Anderson, Judge. Action by Roswell Bottum, as Administrator of the estate of Harry R. Everett, deceased, for the benefit of N'ettie Hitt, mother of said decedent, against Frank Kamen, Sr., to recover damages for negligent killing of decedent, a minor. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from ‘Circuit Court, Brown ’County. Hon. Frank Anderson, Judge. Action by Roswell Bottum, as Administrator of the estate of Harry R. Everett, deceased, for the benefit of N'ettie Hitt, mother of said decedent, against Frank Kamen, Sr., to recover damages for negligent killing of decedent, a minor. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3,) To point three of the opinion, Appellant cited: Pierve v. Conners, 20 Colo. 178; 37 Pac. 721; 46 A. S. R. 279. (4) To point four, Appellant cited: Louisville, etc. Railway Company v. Goodykoontz…
1Opinion of the CourtSmith, J.
Action by Roswell Bottum, administrator of the estate of Harry R. Everett, deceased, a minor, for the benefit of Mrs. Nettie Hitt, his mother. The son was killed by the explosion of the boiler of a steam threshing machine engine, alleged to have been caused by defendant's negligence. The deceased was an employe of defendant. Appellant challenges the authority of the administrator to maintain the action.
A petition was filed by Mrs. Hitt in the county court, asking her own appointment as administratrix of the estate of her deceased son. Notice of this application was given as required by…
2Cases cited10 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- M'Coullough v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Smith v. Chicago, Mil. & St. P. Ry. Co.South Dakota Supreme Court · 1895
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3Cited by15 opinions
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Hodkinson v. ParkerSouth Dakota Supreme Court · 1944
- Tufty v. Sioux Transit Co.South Dakota Supreme Court · 1945
- Simons v. KiddSouth Dakota Supreme Court · 1950
- Dahl v. North American Creameries, Inc.North Dakota Supreme Court · 1953
10 more not listed; retrieve them via the Exa API.