Bates v. Fremont, E. & M. V. R.
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. C. M. Thomas, Judge. Action to recover for injury to property alleged to have been negligently caused by the defendant. There was judgment for plaintiff, and a new trial denied. Defendant appeals.
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Appeal from circuit court, Meade county. Hon. C. M. Thomas, Judge. Action to recover for injury to property alleged to have been negligently caused by the defendant. There was judgment for plaintiff, and a new trial denied. Defendant appeals. Corson, Judge, dissenting. ■ The defendant, by showing that it was free from negligence or carelessness, and that its train was being run with usual care and caution threw the burden of proof upon the plaintiff to show that the killing had been caused by gross negligence of the defendants. This the plaintiff failed to do and it was error for the court to…
1Dissent
Corson, J.,
(dissenting.) I am compelled to dissent from the views expressed by a majority of the court, and I will briefly state my reasons for such dissent. I am of the opinion that the evidence of the plaintiff on the trial of this case estab*404lished the fact that he was guilty of such contributory negligence as would, as a matter of law, preclude him from recovering in this action. I fully agree with the rule laid down by Mr. Justice Kellam in the majority opinion, that when the facts are disputed, .or, if not disputed, they are such that different minds might draw different conclusions…
2Cases cited16 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Cincinnati, Hamilton & Indianapolis Railroad v. ButlerIndiana Supreme Court · 1885
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
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