Polt v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Action by J. F. Polt against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. The statutes making railroad companies liable as insurers for damages are purely remedial, for it makes railroad companies doing lawful acts, for their own profit, liable for actual damages, and’no more. Such a statute is not a penal one; the law stops with actual damages.
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Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Action by J. F. Polt against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. The statutes making railroad companies liable as insurers for damages are purely remedial, for it makes railroad companies doing lawful acts, for their own profit, liable for actual damages, and’no more. Such a statute is not a penal one; the law stops with actual damages. St. Louis & S. F. Ry. Co. v. Matthews, 17 Sup. Ct. Rep. 257; Plart et al. v. Western R. R. Co., 46 Am. Dec. 719; Grissell v. PI.…
1Opinion of the CourtSmith, J.
Respondent commenced an action in the circuit court of Aurora county to recover damages under chapter 215, Laws 1907, requiring “railroad corporations to pay double the amount of damages incurred by fires communicated by locomotive engines.” On July 22, 1908, appellant served upon respondent an offer in writing to pay him $500 in full for his damages. On.the trial a verdict was returned in favor of respondent for $780. Later respondent served a notice of motion for judgment, and the court directed a judgment in double damages, together with costs, and thereupon a total judgment of $1,715.35…
2Cases cited6 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Welsh v. C., B. & Q. R.Supreme Court of Iowa · 1880
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3Cited by3 opinions
- Berens v. Chicago, Milwaukee, St. Paul & Pacific R. Co.South Dakota Supreme Court · 1963
- Kennedy v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
- Halseth v. South Dakota Central Railway Co.South Dakota Supreme Court · 1914