Miller v. Sioux Falls Traction System
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Louis L. PijiEGijR, Judge. A’ction by L. D. Miller, against the Sioux Falls Traction System, to recover damages for injury to plaintiff and his automobile resulting from collision with defendant’s street car. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Johnson v. Washington Water Power Co. (Wash.) 132 Pac. 392; Underwood v. Oskaloosa Traction Go.
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Appeal from Circuit Court, Minnehaha County. Hon. Louis L. PijiEGijR, Judge. A’ction by L. D. Miller, against the Sioux Falls Traction System, to recover damages for injury to plaintiff and his automobile resulting from collision with defendant’s street car. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Johnson v. Washington Water Power Co. (Wash.) 132 Pac. 392; Underwood v. Oskaloosa Traction Go. (Ia.) 137 N. W. 933; De Noma v. Sioux Falls Traction System (S. D.) 162 N. W. 746; Drown v. Northern Ohio Traction Co. (Ohio,) 81 N. B.…
1Opinion of the CourtPOLLlBY, P. J.
Plaintiff brings this action to recover damages for injuries to his person, and also injuries to an auto ambulance owned and driven by him, resulting from a collision with a street car owned and operated by the defendant in Sioux Falls. Plaintiff had judgment for substantial damages, and defendant appeals.
[1,2] The plaintiff contends that he is entitled to recover under the doctrine of “the last clear chance,” and the court instructed the jury upon this theory. This instruction was erroneous. There is no' evidence to support this theory. The doctrine of “the last clear chance” implies…
2Cases cited3 opinions
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Twitchell v. ThompsonOregon Supreme Court · 1915
- Underwood v. Oskaloosa Traction & Light Co.Supreme Court of Iowa · 1912
3Cited by9 opinions
- Cleveland Ry. Co. v. MastersonOhio Supreme Court · 1932
- Iverson v. KnorrSouth Dakota Supreme Court · 1941
- Ford v. HochstetterSouth Dakota Supreme Court · 1970
- Nielsen v. RichmanCourt of Appeals for the Eighth Circuit · 1940
- First Northwestern Trust Co. of South Dakota v. SchnableSouth Dakota Supreme Court · 1983
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