Novotny v. Danforth
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action for damages to real and personal property. There was a judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. A particular or special description will always control a general or implied description. 2 Am. & Eng.
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Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action for damages to real and personal property. There was a judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. A particular or special description will always control a general or implied description. 2 Am. & Eng. Encyc. of Law, 498; Gilman v. Smiths, 12 Vt. 40; Cummings v. Black, 25 Atl. 906; Whiting v. Dewey, 15 Pick. 434; Haynes v. Young, 36 Me, 557; Sanders v. Godding, 45 la. 463; Doe v. Porter, 3 Ark. 18, 36 Am. Dec. 448. One about to make an excavation must give reasonable notice, so…
1Opinion of the CourtCorson, P. J.
This was an action to recover damages to the real and personal property of the plaintiff, alleged to have resulted from the wrongful and negligent excavation made by the defendants on land'adjacent to plaintiff’s land. The answer was a general denial. Verdict and judgment for the defendants, and the plaintiff appeals.
In addition to a general verdict,1 the jury found as follows, upon special issues submitted to them: “(1) When did the plaintiff, Novotny, first know that the defendant, Danforth intended to excavate east of and adjacent to his (Novotny’s) lot? A. The day the excavation commenced…
2Cases cited2 opinions
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1891
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- Davis v. C. & J. Michel Brewing Co.South Dakota Supreme Court · 1913
- Lemon v. LittleSouth Dakota Supreme Court · 1908
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