Moberg v. Scott
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank Andiírson, Judge. Action by Mellie Moberg against FI. F. Scott, to recover actual and exemplary damages resulting from plaintiff’s loss of conjugal consortiumi during her husband!s illness and preceding his death, and for damages resulting' from his death, which sickness and death were alleged to have been caused by defendant unlawfully, etc., furnishing deceased with commodities of which opium was an ingredient.
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Appeal from Circuit Court, Brown County. Hon. Frank Andiírson, Judge. Action by Mellie Moberg against FI. F. Scott, to recover actual and exemplary damages resulting from plaintiff’s loss of conjugal consortiumi during her husband!s illness and preceding his death, and for damages resulting' from his death, which sickness and death were alleged to have been caused by defendant unlawfully, etc., furnishing deceased with commodities of which opium was an ingredient. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. See 38 Thomas L. Arnold,, and Seth…
1Opinion of the CourtWhiting, J.
Action to recover actual and exemplar}' damages occasioned by plaintiff’s loss of conjugal consortium during a period of illness - preceding the death of plaintiff’s husband, and for damages resulting from his death, which sickness and death were alleged to have been caused by defendant’s unlawfully, willfully, maliciously, and knowingly furnishing the deceased with commodities of which opium was an ingredient. T'he complaint was upheld in Moberg v. Scott, 38 S. D. 423, 161 N. W. 998, R. R. A. 1917D, 732. Our holding in the above case is supported by the holding in Tidd v. Skinner, decided in…
2Cases cited10 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. HydeSupreme Court of Missouri · 1911
- Real v. . the PeopleNew York Court of Appeals · 1870
- Clemens v. ConradMichigan Supreme Court · 1869
- Tidd v. . SkinnerNew York Court of Appeals · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. RufenerSouth Dakota Supreme Court · 1986
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- Allen v. McLainSouth Dakota Supreme Court · 1955
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
- Griffin v. SebekSouth Dakota Supreme Court · 1976
19 more not listed; retrieve them via the Exa API.