De Noma v. Sioux Falls Traction System
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by William De Noma, against the Sioux Rails Traction System, to recover damages for injury to plaintiff’s automobile by defendant’s street car at a street crossing. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by William De Noma, against the Sioux Rails Traction System, to recover damages for injury to plaintiff’s automobile by defendant’s street car at a street crossing. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i.) To point one 'of' the opinion, Respondent submitted that: The instruction requested by the appellant is not a proper statement of the doctrine of the last clear chance, even if applicable to this case. (2.) To point two of the opinion, Appellant cited:…
1Opinion of the CourtSmith, J.
Action for damages received in a collision of plaintiff’s automobile with defendant’s street car at a street Grossing in the city of Sioux Falls. Plaintiff, among other things, alleged negligence of the street railway company in running its car at a speed greater than -allowed by the city -ordinances, and in failing to stop its street car in time to prevent a -collision after seeing plaintiff’s -automobile as it approached the crossing. Defendant -denied negligence, and alleged contributor)' negligence of plaintiff. At the trial, city -ordinances were put in evidence regulating the speed of…
2Cases cited11 opinions
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
- Dow v. DempseyWashington Supreme Court · 1899
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- Dell Rapids Mercantile Co. v. City of Dell RapidsSouth Dakota Supreme Court · 1898
- Frye v. FergusonSouth Dakota Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wolff v. StengerSouth Dakota Supreme Court · 1931
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Nielsen v. RichmanCourt of Appeals for the Eighth Circuit · 1940
- Heberer v. C. M. St. P. & P. Ry. Co.South Dakota Supreme Court · 1931
- Miller v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1928