DeBood v. Pay
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mttcie DeBood, as administratrix of the estate of Peter DeBood, deceased, against A. K. Pay, to‘ recover damages for loss of life of the plaintiff executrix’s decedent. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mttcie DeBood, as administratrix of the estate of Peter DeBood, deceased, against A. K. Pay, to‘ recover damages for loss of life of the plaintiff executrix’s decedent. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Armour v. Hahn, m U. S. 313, 28 D. Ed. 440; Beique v. Hio'smer, 48 N. E. 338 (Mass.); American Bridge Co. v. Seeds, 75 C. C. A. 407; McLean v. Cole, 55 N. E. 458; Brown v. Connors, 135 N. W. 857; Citrone v. O’Rourke Engineering and-…
1Opinion of the Court
■GATES, J.
In February, 1914, the defendant was constructing -the Colonial Theater in Sioux Falls. Thomas Ross was the general superintendent of the work with authority- to- hire and discharge employees and buy material. Peter De Bodd), husband of -the plaintiff, was foreman of the work under. Mr. Ross. H-e was an experienced- carpenter. In the afternoon of February 23, 1914, while crossing from the east side of the building to the west side, using the 'bottom chord of a truss as a bridge to1 walk upon, 'he slipped- and fell to the floor, a distance of 14 feet. His left leg was 'broken just…
2Cases cited1 opinion
- Thompson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
3Cited by2 opinions
- Briede v. Commercial Union Assurance Co.Louisiana Court of Appeal · 1917
- Schneider v. BosleySouth Dakota Supreme Court · 1917