Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Action by Thomas Mankey against the Chicago, Milwaukee and St. Paul Railway Company. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Non-compliance with the statutory requirement, however, stringent, affords no cause for action if compliance therewith would not have prevented the injury. Phila, & R. Co. v. Stubbing, 62 Md. 504; Hayes v. Me.
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Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Action by Thomas Mankey against the Chicago, Milwaukee and St. Paul Railway Company. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Non-compliance with the statutory requirement, however, stringent, affords no cause for action if compliance therewith would not have prevented the injury. Phila, & R. Co. v. Stubbing, 62 Md. 504; Hayes v. Me. R. Co., m U. S. 228-240; India R. Co. v. Blackman, 63, hi, 117; Chic. & R. Co. v. McDaniels, 63, 11, 122; Pike v. Chic. & A. R. Co., 39 Fed.…
1Opinion of the CourtCorson, J.
This was an action brought by the plaintiff to recover of the defendant the value of a horse alleged to have been injured through the negligence of the defendant. The facts may be briefly summarized as follows: On November 23, 1898, the plaintiff, who lived about 100 rods easterly from the defendant’s railroad, on the line extending from the city of Madison to Bristol, was the owner of a span of horses, which upon the morning of that day were turned out upon the prairie. On the following morning the plaintiff discovered one of them about 75 feet east of the railroad track, with one leg cut…
2Cases cited16 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Philadelphia, Wilmington & Baltimore Railroad v. StebbingCourt of Appeals of Maryland · 1884
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
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3Cited by5 opinions
- Dougherty v. Chicago, M. & St. P. Railway Co.South Dakota Supreme Court · 1905
- Morrison v. LeeNorth Dakota Supreme Court · 1911
- Reeves v. Chicago M. & St. P. Ry. C.South Dakota Supreme Court · 1909
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Miller v. Chicago & N. W. Ry. Co.South Dakota Supreme Court · 1907