Carlson v. Sioux Falls Water Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. This case was first decided by this court in an opinion reported in 5 S. D. 402, 59 N. W. 217, in which opinion the judgment of the court below in favor of plaintiff was reversed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to. • The facts are stated in the opinion. Negligence cannot be predicated alone upon the fact of the injury.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. This case was first decided by this court in an opinion reported in 5 S. D. 402, 59 N. W. 217, in which opinion the judgment of the court below in favor of plaintiff was reversed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to. • The facts are stated in the opinion. Negligence cannot be predicated alone upon the fact of the injury. Minty, v. Railroad 4 L. R. A. 409. A duty devolves upon the master before putting the servant in charge of dangerous…
1Opinion of the CourtKellam, J.
This case was decided at a former term, and is reported in 5 S. D. 402, 59 N. W. 217. We then reversed the judgment, which Was in favor of respondent, but, upon his application, allowed a rehearing of the cause, and it is now before us after such reargument. The action was for the recovery of damages resulting from a personal injury to respondent alleged to have been occasioned by the negligence of appellant. The respondent, with a number of others, was employed by appellant as a laborer, in digging a ditch in one of the streets of the city of Sioux Falls, in which to lay the water pipes of…
2Cases cited5 opinions
- Vincennes Water Supply Co. v. WhiteIndiana Supreme Court · 1890
- Walsh v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Money v. Lower Vein Coal Co.Supreme Court of Iowa · 1881
- Anderson v. WinstonU.S. Circuit Court for the District of Minnesota · 1887
- Carlson v. Sioux Falls Water Co.South Dakota Supreme Court · 1894
3Cited by3 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Hightower v. GrayCourt of Appeals of Texas · 1904
- Schweinforth v. Schwenk-Barth Brewing Co.South Dakota Supreme Court · 1915