Sanders v. Reister
Supreme Court Of The Territory Of Dakota
Appeal from Tanldon County District Court. This action was brought for the recovery of damages sustained by reason of injuries resulting to plaintiff, Anna Saunders, from a fall into a cellar, alleged to have been dug by defendant, and left unguarded on his lot in the City of Yank-ton, and in dangerous proximity to the street and alley on which said lot is situated, which-sickness resulted in sickness and a miscarriage.
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Appeal from Tanldon County District Court. This action was brought for the recovery of damages sustained by reason of injuries resulting to plaintiff, Anna Saunders, from a fall into a cellar, alleged to have been dug by defendant, and left unguarded on his lot in the City of Yank-ton, and in dangerous proximity to the street and alley on which said lot is situated, which-sickness resulted in sickness and a miscarriage. Defendant in his answer, admits, the ownership and occupancy of the lot, and the marital relation of plaintiffs. All other material allegations are denied. It is further…
1Opinion of the CourtBeNNett, J.
— I cannot, without extending this opinion beyond all reasonable limits, be expected to examine in detail every objection raised by appellant on the trial below, that is brought up by the record; or the correctness of the legal *164propositions embraced in each separate instruction given and refused, and shall notice them only so far as they relate to, and bear upon the poirifs made in appellant’s brief. This further appears as evidently sufficient from the consideration that the propositions discussed by counsel for appellant are primary and. fundamental; and not merely technical in their…
2Cases cited12 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Harriman v. StoweSupreme Court of Missouri · 1874
- Fugate v. PierceSupreme Court of Missouri · 1872
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Tingley v. CowgillSupreme Court of Missouri · 1871
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3Cited by18 opinions
- M. S. Huey Co. v. JohnstonIndiana Supreme Court · 1905
- Schaffer v. Edward D. Jones & Co.South Dakota Supreme Court · 1996
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Matter of Certif. of Questions of LawSouth Dakota Supreme Court · 1996
- Moe v. KettwigNorth Dakota Supreme Court · 1955
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