Lothian v. Western Union Telegraph Co.
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. JamDs ’H. McCoy, Judge. Action by W. I. Lothian against the Western Union Telegraph Company. From a judgment for plaintiff and an order denying a new trial, defendant -appeals.
1Opinion of the CourtHaney, J.
Thi-s is an action to recover for injuries alleged to have resulted from defendant’s failure to deliver an accepted message. Tt was commenced before a justice of the peace, appealed to the circuit court, and there tried de novo. At the close of -all the evidence, the defendant moved the court “to instruct the jury to- find for the -plaintiff far the amount of $1,30, with costs and disbursements of the action, and the accrued interest thereon, as the plaintiff had not proven his right to recover anything in excess of that amount.” At the same time the plain? ■tiff moved the count to direct a…
2Cases cited7 opinions
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
- Bem v. BemSouth Dakota Supreme Court · 1893
- Hartwell v. Northern P. E. Co.Supreme Court Of The Territory Of Dakota · 1889
- Noyes v. LaneSouth Dakota Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Dakins v. BlackSupreme Court of Minnesota · 1935
- Farmers' & Merchants' State Bank v. DoeringSouth Dakota Supreme Court · 1928