Legal Opinion
Clark v. Chicago, Milwaukee, St. Paul & Pacific Railroad
District Court, D. South Dakota
Decided June 13, 1972No. Civ. No. 71-12NPublished
1Opinion of the Court
DECISION AND ORDER
BECK, District Judge.
This is a motion for summary judgment to dismiss plaintiff, H. C. Clark’s claim for $1,070,000, covering alleged personal injuries sustained July 11, 1968, as he drove his car into the rear side of the front engine of the defendant’s one mile long train at the intersection of the railway and highway crossing one mile east of Bath, South Dakota, and another of Joan Clark for $335,800, alleged as an indirect result of that accident.
Claims involving negligence or contributory negligence, are as a general rule not to be summarily resolved, Wilson v. Great…
2Cases cited13 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- Gauck v. MeleskiCourt of Appeals for the Fifth Circuit · 1965
- Kansas City Southern Railway Co. v. EllzeySupreme Court of the United States · 1927
- Smith v. GouldWest Virginia Supreme Court · 1931
- Bogh v. BeadlesSouth Dakota Supreme Court · 1961
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