Bordwell v. Mission Hill Township
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. Robert P>. Tripp, Judge. , Action 'byr W. W. Bordwell, against Mission Hill Township, Yankton County, S. D., to recover damages folr personal injuries sustained by reason of a defective highway. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Yankton County. Hon. Robert P>. Tripp, Judge. , Action 'byr W. W. Bordwell, against Mission Hill Township, Yankton County, S. D., to recover damages folr personal injuries sustained by reason of a defective highway. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited; • Cunningham v. Fair Haven, 43 Atl .1047. (3) To point three of the opinion, Appellant cited: Cunningham v. Fair Haven, 43 Atl. 1047. Respondent cited: Higgs v. Minn. & St. P. R. R. Co., (N. D.) T14 X. W. 722.
1Opinion of the Court
SMITH, J..Action under chapter 2to, Laws of 1915, for injuries alleged to have been sustained by reason of a defective highway. Section 1 of the act declares:
“It shall be the duty of the road supervisors of any township * * * to keep all public road's and highways * * * in such condition as to render them safe and passable and free from danger of accidents or injury to persons or property, while in the lawful use thereof, and in case such roads, highways * * * shall become in whole or in part destroyed or out of repair by reason of floods, fires or any other cause, to such an extent as *81to…
2Cases cited7 opinions
- Cunningham, Admx. v. Fair Haven Westville R. Co.Supreme Court of Connecticut · 1899
- Higgs v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1908
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- Eller v. LordSouth Dakota Supreme Court · 1915
- Moulton v. Globe Mutual InsuranceSouth Dakota Supreme Court · 1915
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3Cited by3 opinions
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
- Campbell v. City of ChamberlainSouth Dakota Supreme Court · 1960
- Hanson v. LewisBelmont County Court of Common Pleas · 1931