Coffee v. Dorwart
South Dakota Supreme Court
¡Appeal from Circuit C-ou-rt, Brule County. Hoh. Frank B. Smitti, Judge. Action by Bryan Coffee against S. -E. Dor-wart and others for damages for personal injuries resulting from negligence. From an order sustaining a general demurrer to die ■ complaint, jointly interposed by defendants, plaintiff appeals.
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¡Appeal from Circuit C-ou-rt, Brule County. Hoh. Frank B. Smitti, Judge. Action by Bryan Coffee against S. -E. Dor-wart and others for damages for personal injuries resulting from negligence. From an order sustaining a general demurrer to die ■ complaint, jointly interposed by defendants, plaintiff appeals. The appellant contends, that, had this action come to trial and had the plaintiff failed to- make out a case against -those of the- -defendants alleged in the complaint to be principals with a secret interest and -enjoying secret profits in the business of defendants, even then the…
1Opinion of the CourtGates, J.
This is an action for damages for personal in-, juries. The allegations of the-complaint are as follows:(1) That the defendants above named are the owners and have possession and control -of a 'certain building and premises described as lot 3 in block 3, original town (now city) of Kimball, in Brule county, state of South Dakota, with the appurtenances thereto belonging, and which said building was at the time hereinafter mentioned occupied and used by -said defendants to sell intoxicating liquors at retail and as a place of business commonly called a “saloon.”(2) That the license under which…
2Cases cited1 opinion
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
3Cited by2 opinions
- Norberg v. HagnaSouth Dakota Supreme Court · 1923
- State v. RathjinSouth Dakota Supreme Court · 1923