Murphy v. Sioux Falls Serum Co.
South Dakota Supreme Court
Appeal from 'Circuit Court, Bon Homme Count}'. Hon. Robert B. Tripp, Judge. Action by Dennis Murphy, against the Sioux Falls Serum Company, a corporation, to recover damages resulting from the alleged killing of plaintiff’s hogs by vaccination by serum and virus manufactured 'by defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from 'Circuit Court, Bon Homme Count}'. Hon. Robert B. Tripp, Judge. Action by Dennis Murphy, against the Sioux Falls Serum Company, a corporation, to recover damages resulting from the alleged killing of plaintiff’s hogs by vaccination by serum and virus manufactured 'by defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited: 'Shim-era v. Nebraska Serum Co., (Neb.) 169 N. W. 785; Watson v. Augusta Brewing Co., V2 Ga. 1-21, 1 D. R. A. (N. S.) 1178.
1Opinion of the CourtFoluey, P. J.
Plaintiff - employed a veterinary surgeon to vaccinate certain hogs for the prevention of hog cholera. The hogs were vaccinated with serum and virus manufactured 'by defendant. Immediately following the' vaccination a considerable number of the hogs contracted malignant edema and died. Plain*423tiff, claiming that the death of his hogs resulted from the impure and poisonous condition of the serum used, brought this action against defendant for the recovery of the loss» of his hogs. Plaintiff had judgment, and defendant appeals.
In his complaint plaintiff alleges:
“That- the said virus and serum» is…
2Cited by7 opinions
- Corprew v. Geigy Chemical CorporationSupreme Court of North Carolina · 1967
- E. I. Du Pont De Nemours & Co. v. BaridonCourt of Appeals for the Eighth Circuit · 1934
- Ebers v. General Chemical Co.Michigan Supreme Court · 1945
- Ellis v. LindmarkSupreme Court of Minnesota · 1929
- Murphy v. Sioux Falls Serum Co.South Dakota Supreme Court · 1923
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