Smith v. Detroit & D. Gold Min. Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon Joseph B. Moore, Judge. Action by Patrick H. Smith against the Detroit & Deadwood Gold Mining Company and others. Prom a judgment for plaintiff, defendants appeal.
1Opinion of the CourtPuller, J.
Upon all the testimony offered at the trial of this action to recover the possession of certain articles of mining ma*415chinery and equipments, with damages for theirwrongful removal and detention, the court determined, as a matter of law, that plaintiff was entitled to recover the property described in his complaint, or its value in case a return could not be had, together with such damages as the jury might find established by a fair preponderance of the evidence. Unless it was error to overrule the defendant’s motion for the direction of a verdict, and charge that plaintiff was entitled to…
2Cases cited1 opinion
- Barnes v. ClementSouth Dakota Supreme Court · 1896
3Cited by3 opinions
- Siegloch v. Iroquois Mining Co.Washington Supreme Court · 1919
- Grabendike v. AdixMichigan Supreme Court · 1952
- Hanschka v. VodopichSouth Dakota Supreme Court · 1906