Spawn v. South Dakota Cent. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Rake County. Hon. Joseph W. Jones, Judge. Action by Rewis Spawn against the South Dakota Central Railway Company. Judgment for defendant, and plaintiff moved for a new trial, which was granted in part and denied in part,' and both parties appeal.
1Opinion of the CourtMcCOY, J.
In this case plaintiff brought suit- to recover damages from defendant on account of defendant entering upon his land in section io, Chester township, Rake county, S. Ds, and constructing a line of railway across the same. The defendant answered, admitting that it had constructed its line of railway across plaintiff’s land, and further answered by two counterclaims. In the first counterclaim defendant alleged that plaintiff, as an inducement to have defendant construct its said line of road' on the east side of Brant Rake, consented and agreed to. the construction of said railway across his…
2Cases cited16 opinions
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Woodward v. SeelyIllinois Supreme Court · 1849
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Crosdale v. . LaniganNew York Court of Appeals · 1892
- Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
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3Cited by4 opinions
- Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007
- Pexa v. ClarkSouth Dakota Supreme Court · 1970
- Mitchell v. LandAlaska Supreme Court · 1960
- Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007