Tenney v. Rapid City
South Dakota Supreme Court
Appeal from circuit court, Pennington county'; Hon. Levi McGee, Judge. Action by Jennie E. Tenney against- Rapid City. From a judgment in favor of plaintiff, defendant appeals. Testimony should be confined to ultimate facts, opinions and conclusions of witnesses are not admissible.
Read the full summary
Appeal from circuit court, Pennington county'; Hon. Levi McGee, Judge. Action by Jennie E. Tenney against- Rapid City. From a judgment in favor of plaintiff, defendant appeals. Testimony should be confined to ultimate facts, opinions and conclusions of witnesses are not admissible. Webster v. White, etal., 8 S. D., 479; Tetrault v. O’Connor, (N. D.) 76 N. W., 225; Kneeland v. Great, Western Elevator Co., (N. D.) 81 N. W. 67; Erickson v. Sophy, 10 S. D., 71. Declarations of the plaintiff as to injuries and not part of the res gestae are inadmissable, as hearsay. Jones or. Evidence, § 236;…
1Opinion of the CourtCorson, J.
Plaintiff brought this action to recover damages for injuries alleged to have been sustained byher byreason of the defective condition of the sidewalks of the defendant city. The plaintiff claims to have received injuries at five different times, extending over a period of about a year, and her complaint contains five counts or causes of action. Verdict and judgment were in favor of the plaintiff, and the defendant has appealed.
The defendant has assigned numerous errors, but in the vieV we take of the case it will only be necessary to consider three of them. The counsel for the plaintiff was…
2Cases cited8 opinions
- Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
- Mott v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1899
- Foster v. Village of BellaireMichigan Supreme Court · 1901
- Webster v. WhiteSouth Dakota Supreme Court · 1896
- Leach v. Detroit Electric RailwayMichigan Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Skultety v. HumphreysOregon Supreme Court · 1967
- Whaley v. VidalSouth Dakota Supreme Court · 1911
- Koenig v. WeberSouth Dakota Supreme Court · 1970
- Downey v. Northern Pacific Ry. Co.Montana Supreme Court · 1924
- Fallon v. Rapid CitySouth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.