Legal Opinion

Hansen v. Boots

South Dakota Supreme Court

Decided September 3, 1918No. File No. 4225PublishedCited by 4 opinions

Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. Action toy John C. Hansen, against John H. Boots, to recover damages for personal assault. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Sec. 255, Code Civ. Proc.; Lindsay v. Pettigrew, 3 ,S. D. 199; D.audel v. Wolf, 30 -S. D. 409 (418); Shields v. Rowland (Ky.) 151 S. W. 408; 'Cleveland- Ry.

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Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. Action toy John C. Hansen, against John H. Boots, to recover damages for personal assault. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Sec. 255, Code Civ. Proc.; Lindsay v. Pettigrew, 3 ,S. D. 199; D.audel v. Wolf, 30 -S. D. 409 (418); Shields v. Rowland (Ky.) 151 S. W. 408; 'Cleveland- Ry. Co. v. Pritschau (O.) 69 N. E. 663, 100 Am. St. R. 682; Raefeld't v. Koenig (Wis.) 140 N. W. 56; Louisville v. Payne (Ky.) 118 S. W. 352;…

1Opinion of the CourtPollen, J.

Plaintiff, claiming to have Ibeen injured iby a -pistol shot fired by defendant, brought this action against defendant for the recovery icf 'damages 'alleged to have resulted' from such injury. Verdict -and judgment were for plain-tiff, and defendant appeals.

Appellant assigns a number of errors of law- committed by 'the trial court; tout, for a reversal of the judgment, he relies mainly upon alleged misconduct of respondent’s counsel 'during the trial. The encounter that resulted in the shooting occurred on a farm-owned by appellant. Respondent had had a lease of said farm and was still…

2Cases cited17 opinions

  1. Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899
  2. L. & N. R. R. Co. v. PayneCourt of Appeals of Kentucky · 1909
  3. Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1912
  4. Jordan v. MasseyCourt of Appeals of Texas · 1911
  5. Lindsay v. PettigrewSouth Dakota Supreme Court · 1892

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. FergusonSouth Dakota Supreme Court · 1925
  2. In re WilmarthSouth Dakota Supreme Court · 1919
  3. State v. RunyanSouth Dakota Supreme Court · 1926
  4. Griffiths v. ZetlitzSouth Dakota Supreme Court · 1922

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