Legal Opinion

Brandsrud v. Beattie Steinborn Co.

South Dakota Supreme Court

Decided December 28, 1951No. File 9261PublishedCited by 2 opinions

1Opinion of the CourtSmith, J.

In this action for damages for personal injuries alleged to have been caused by the negligence of the defendant, the trial court denied defendant’s motion for a directed verdict at the close of the testimony, and submitted the issues to the jury, but after the jury disagreed and was discharged, it granted the defendant’s motion for judgment notwithstanding such disagreement, and entered judgment accordingly. The appeal is from the judgment, and the contention is that the court exceeded its jurisdiction in-so entering judgment.

The power of our courts to enter judgment notwithstanding the…

2Cases cited7 opinions

  1. Warwick v. BlissSouth Dakota Supreme Court · 1922
  2. Kerr v. StauferSouth Dakota Supreme Court · 1931
  3. Domarek v. Bates Motor Transport Lines, Inc.Court of Appeals for the Seventh Circuit · 1937
  4. Jones v. Chicago, Burlington & Q. R.Wyoming Supreme Court · 1915
  5. Persin v. YoungstownOhio Court of Appeals · 1949

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3Cited by2 opinions

  1. Wang v. WangSouth Dakota Supreme Court · 1986
  2. Chau v. City of SeattleCourt of Appeals of Washington · 1991

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