Uhe v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Turner county.- Action for damages for tbe destruction of plaintiffs property by fire. Plaintiff bad judgment. Defendant appeals. Tbe'facts are stated in tbe opinion. Tbe proper measure of damages when standing trees are negligently destroyed by fire is tbe difference between tbe value of tbe realty witb the trees upon it and tbe value of tbe realty after tbe trees were destroyed. Sections 2678, 2679, 2689, Comp.
Read the full summary
Appeal from circuit court, Turner county.- Action for damages for tbe destruction of plaintiffs property by fire. Plaintiff bad judgment. Defendant appeals. Tbe'facts are stated in tbe opinion. Tbe proper measure of damages when standing trees are negligently destroyed by fire is tbe difference between tbe value of tbe realty witb the trees upon it and tbe value of tbe realty after tbe trees were destroyed. Sections 2678, 2679, 2689, Comp. Laws; Carner v. Railroad, 45 N. W. 713; Hayes v. Railroad, 47 N. W. 261; Argotsinger v. Vines, 82 N. Y. 309; Van Deusen v. Young, 29 N.Y. 9; Carst v.…
1Opinion of the CourtBennett, P. J.
The complaint in this case alleges that the defendant negligently destroyed by fire the property of the plaintiff. The answer is a general denial. A trial before a jury re-' suited in a verdict sustaining the allegations of the complaint, and judgment was rendered for the amount of the property alleged to be destroyed. Prom this judgment the defendant appeals.
The assignment of errors raises three questions for determination: First. What is the proper measure of damages where-growing trees are negligently destroyed by fire, and how shall it be determined? Second. Was it error in refusing to…
2Cases cited4 opinions
- Gordon v. State ex rel. BoderSupreme Court of Kansas · 1868
- Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Yeager v. WrightIndiana Supreme Court · 1887
- Johnson v. TaberNew York Court of Appeals · 1852
3Cited by14 opinions
- Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976
- South Dakota Building Authority v. Geiger-Berger Associates, P.C.South Dakota Supreme Court · 1987
- State v. MagnessSupreme Court of Kansas · 1987
- City of Oklahoma City v. HokeSupreme Court of Oklahoma · 1919
- Meyer v. Dixon Bros., Inc.South Dakota Supreme Court · 1985
9 more not listed; retrieve them via the Exa API.