Schimke v. Chicago, Milwaukee & St. Paul R'y. Co.
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. El G. Smith, Judge. Action to recover damages for killing stock. Plaintiff had judgment, and defendant appeals. The facts are stated in the- opinion. The evidence fully rebuts the presumption of negligence created by the statute, and there was no evidence whjksh would justify the court in submitting the question of negligence to the jury.
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Appeal from circuit court, Hutchinson county. Hon. El G. Smith, Judge. Action to recover damages for killing stock. Plaintiff had judgment, and defendant appeals. The facts are stated in the- opinion. The evidence fully rebuts the presumption of negligence created by the statute, and there was no evidence whjksh would justify the court in submitting the question of negligence to the jury. Gay v. Railroad, 5 Dak. 514, 41 N. W. 757; Huber v. Railroad, 6 Dak. 392. 43 N. W. 819; Volkman v. Railroad, 5 Dak. 69, 37 N.'W. 731; Hebron v. Railroad, 4 S. D. 538, 57 N. W. 494; Harrison v. Railroad, 6 S.…
1Opinion of the CourtPuller, J.
Plaintiff had judgment in this action to recover the value of certin cattle killed, and damages for injury to others, occasioned by a passing freight train; and the defendant appeals.
While admitting that respondent sustained the damages made the basis of his claim, counsel for appellant contends that the undisputed evidence rebuts the presumption of negligence created by the statute, and that his motion for the direction of a verdict should have been sustained. The case was one for the jury, if all the testimony introduced .at the trial bearing upon the question of negligence presented a…
2Cases cited2 opinions
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
- Hutchinson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
3Cited by2 opinions
- Kielbach v. Chicago, M. & St. P. Ry.South Dakota Supreme Court · 1900
- Miller v. Chicago & N. W. Ry. Co.South Dakota Supreme Court · 1907