Legal Opinion
Berens v. Chicago, Milwaukee, St. Paul & Pacific R. Co.
South Dakota Supreme Court
Decided March 29, 1963No. File 10019PublishedCited by 19 opinions
1Opinion of the CourtHomeyer, J.
The constitutionality of certain railroad fencing statutes and the constitutionality of certain statutory rules of evidence pertaining to livestock killed or injured by a railroad due to failure to properly fence its right-of-way against livestock is the subject of this appeal. It is contended that these statutes are violative of the United States Constitution, Amendment Article 14, § 1, and the South Dakota Constitution, Article VI, § 18, and deny railroads equal protection of the laws. The thrust of appellant's argument is that when these statutes were originally enacted railroads had a…
2Cases cited26 opinions
- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Chicago, Milwaukee & St. Paul Railway Co. v. PoltSupreme Court of the United States · 1914
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Behrns v. BurkeSouth Dakota Supreme Court · 1975
- Matter of Certain Territorial Elec. Boundaries, Etc.South Dakota Supreme Court · 1979
- County of Tripp v. StateSouth Dakota Supreme Court · 1978
- State v. SecrestSouth Dakota Supreme Court · 1983
- State v. ShultSouth Dakota Supreme Court · 1986
14 more not listed; retrieve them via the Exa API.