Hebron v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to recover damages for killing stock alleged to' have been caused by the negligence of defendant. Plaintiff had judgment, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to recover damages for killing stock alleged to' have been caused by the negligence of defendant. Plaintiff had judgment, defendant appeals. The facts are stated in the opinion. The question, whether the prima facie case made under the statute in actions against railroads for injuries to personal property by simply showing the injury was rebutted by the evidence of the defendant showing absence of negligence on the part of its employes, was one of law for the court. Gray v. Ry. Co., 5 Dak. 514; Huber v. Ry. Co., 6…
1Opinion of the CourtKellam, J.
The respondents, as plaintiffs, recovered judgment against appellant for negligently killing stock; and from such judgment, and an order refusing anew trial, this appeal is taken. Neither the fact of the killing nor the value of the stock is denied. Besides other errors assigned, appellant claims that the evidence is insufficient to support the verdict. The plaintiffs proved the killing. This, under the statute, made a prima facie case of negligence against the company. In respect to this assignment, of course the question is whether, considering the evidence in behalf of defendant as to the…
2Cited by6 opinions
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Keilbach v. Chicago, Milwaukee & St. Paul RailwaySouth Dakota Supreme Court · 1899
- Lewis v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
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