Sheldon v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from* circuit court, Lake county. Hon. Prank R. Aikens, Judge. Action by H. Eugene Sheldon and others against the Chicago, Milwaukee & St. Paul Railway Company to recover the value of certain live stock killed by the alleged negligence of defendant. Plaintiffs had judgment, and defendant appeals. The facts are stated in the opinion.
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Appeal from* circuit court, Lake county. Hon. Prank R. Aikens, Judge. Action by H. Eugene Sheldon and others against the Chicago, Milwaukee & St. Paul Railway Company to recover the value of certain live stock killed by the alleged negligence of defendant. Plaintiffs had judgment, and defendant appeals. The facts are stated in the opinion. Although its employes omitted to exercise due diligence and care, a railroad will not be liable unless it appears that such diligence and care would have prevented the accident. 1 Thompson, Negl. 496; Railway v. Tate, 12 S. 333; Hebron v. Railroad, 57 N. W.…
1Opinion of the CourtCorson, P. J.
The complaint was in the usual form, alleging gross negligence on the part of the defendant in killing plaintiff’s live stock. The answer was a general denial, except as to the due incorporation of the defendant, which was admitted. Upon the trial the plaintiffs proved the killing of certain live stock belonging to them by the defendant’s locomotive engine, and rested. Thereupon the defendant introduced a number of witnesses, who testified to facts tending to prove that the defendant had used all reasonable care to prevent the injury to plaintiffs’ stock, overcoming the presumption of…
2Cases cited3 opinions
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Hebron v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
3Cited by8 opinions
- Borneman v. Chicago, St. P., M. & O. Ry. Co.South Dakota Supreme Court · 1905
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Kielbach v. Chicago, M. & St. P. Ry.South Dakota Supreme Court · 1900
- Crary v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1904
- Hutchinson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
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