Bates v. Fremont, E. & M. V. R.
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. C. M. Thomas, Judge. Action to recover for injury to property alleged to have been negligently caused by the defendant. There was judgment for plaintiff, and a new trial denied. Defendant appeals.
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Appeal from circuit court, Meade county. Hon. C. M. Thomas, Judge. Action to recover for injury to property alleged to have been negligently caused by the defendant. There was judgment for plaintiff, and a new trial denied. Defendant appeals. Corson, Judge, dissenting. ■ The defendant, by showing that it was free from negligence or carelessness, and that its train was being run with usual care and caution threw the burden of proof upon the plaintiff to show that the killing had been caused by gross negligence of the defendants. This the plaintiff failed to do and it was error for the court to…
1Opinion of the CourtKellam, J.
This is an action to recover the value of two mules conceded to have been killed by defendant’s train at a point where defendant’s track crosses the public highway. The plaintiff had judgment, and after denial of a motion for a new trial, defendant appealed.
' In his oral argument, appellant contended that the complaint itself was fatally defective, in that it did not expressly allege negligence on the part of the defendant in causing the injury complained of. Section 5501, Comp. Laws, makes proof *397of the killing prima facie evidence of the negligence of the company, so that, when the killing…
2Cases cited17 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Norton v. IttnerSupreme Court of Missouri · 1874
- Engle v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
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3Cited by13 opinions
- Schmeling v. JorgensenSouth Dakota Supreme Court · 1957
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- McCormick Harvesting Machine Co. v. FaulknerSouth Dakota Supreme Court · 1895
- Reid v. KelloggSouth Dakota Supreme Court · 1896
- Dimock State Bank v. BoehnenSouth Dakota Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.