Reeves v. Chicago M. & St. P. Ry. C.
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank P>. Smith, Judge. Action by M. A. Reeves against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Matters concerning, which the jury can form an opinion, as intelligently as can the witness, are inadmissible in evidence. Neil-son v. C. etc. Ry. Co., 59 Wis. 516; Watson v. Ry.
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Appeal from Circuit Court, Davison County. Hon. Frank P>. Smith, Judge. Action by M. A. Reeves against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Matters concerning, which the jury can form an opinion, as intelligently as can the witness, are inadmissible in evidence. Neil-son v. C. etc. Ry. Co., 59 Wis. 516; Watson v. Ry. Co., 57 Wis. 332. Whether there was anything unusual in the appearance of a mail train at a railway crossing is a conclusion and not a fact. Western R. of Ala. v. Clegghorn, 39 Co. 133. Where the facts may be clearly…
1Opinion of the CourtSmith, J.
Action for personal injury received by plaintiff while a passenger on defendant’s railway train.
The jury returned a general verdict for plaintiff, assessing his damages at $1,500. Additional interrogatories were submitted to the jury, which with the answers thereto, were returned with the general verdict, and are as follows:
“(1) Did the train crew fail to exercise the utmost care and diligence in the making up, management, operating, or guarding *88of the train which caused or tended to cause the accident? Ans. Yes.
“(2) If so, state in what such failure consisted? Ans. The conductor and rear…
2Cases cited17 opinions
- Morrow v. County Commissioners of Saline CountySupreme Court of Arkansas · 1879
- Central Union Telephone Co. v. FehringIndiana Supreme Court · 1896
- Shaw v. BarnhartIndiana Supreme Court · 1861
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
- Czezewzka v. Benton-Bellefontaine Railway Co.Supreme Court of Missouri · 1894
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3Cited by2 opinions
- State v. ReillyNorth Dakota Supreme Court · 1913
- Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918