Polluck v. Minneapolis & St. Louis Railroad

[1] This case is now 'before us upon rehearing, the decision from which rehearing was granted being reported in Polluck v. Railroad Co., 183 N. W. 859. It was also before this court upon a former appeal, the decision therein being reported in Polluck v. Railroad Co., 40 S. D. 186, 166 N. W. 641. Reference is made to both of said decisions for a statement of the issues and the holdings of this court, and to the decision from which rehearing was granted, for a statement of facts appearing in the record before us. It will be found that right of recovery was based upon the claim that plaintiff…