Baxter v. Park
South Dakota Supreme Court
Appeal from 'Circuit Court, Codington Count}-. Hon. William N. Skinner, Judge. Action by Emma Baxter, as administratrix of the estate of Orville Claude Box, deceased, against Herbert Park, to recover damages for the death of plaintiff’s decedent resulting from- defendant’s negligence; and an action by Mary Dowd as administratrix of the estate of John Joseph Dowd, deceased, to recover damages resulting from the death of said decedent through defendant’s negligence.
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Appeal from 'Circuit Court, Codington Count}-. Hon. William N. Skinner, Judge. Action by Emma Baxter, as administratrix of the estate of Orville Claude Box, deceased, against Herbert Park, to recover damages for the death of plaintiff’s decedent resulting from- defendant’s negligence; and an action by Mary Dowd as administratrix of the estate of John Joseph Dowd, deceased, to recover damages resulting from the death of said decedent through defendant’s negligence. From orders respectively sustaining demurrers to the_ respective complaints, the respective plaintiff’s appeal. (4) To point four…
1Opinion of the CourtSmith, J.
Appeal from an order of the circuit court of Codington county sustaining defendant’s demurrer to plaintiff’s complaint. The complaint alleges that the defendant was the owner of .certain lots in the business district of the city of Water-town ; that prior to the summer of 1919 he had caused certain excavations about 8 feet deep to be made on said grounds, which excavations disclosed a sand and gravel bottom and side walls of sand and gravel; that defendant thereupon constructed walls of cement on the easterly, southerly, and northerly sides thereof ; that in the summer of 1919 he caused a…
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Langer v. GoodeNorth Dakota Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Fenton v. AckermanSouth Dakota Supreme Court · 1939
- Cargill, Incorporated, a Foreign Corporation v. Francis Zimmer, Special Administrator of the Estate of Francis Zimmer, Jr., DeceasedCourt of Appeals for the Eighth Circuit · 1967
- Baxter v. ParkSouth Dakota Supreme Court · 1925
- Kuhn v. Watertown Cement Products Co.South Dakota Supreme Court · 1955
6 more not listed; retrieve them via the Exa API.