Legal Opinion

Reeves v. Chicago M. & St. P. Ry. C.

South Dakota Supreme Court

Decided November 10, 1909PublishedCited by 2 opinions

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

  1. Morrow v. County Commissioners of Saline CountySupreme Court of Arkansas · 1879
  2. Central Union Telephone Co. v. FehringIndiana Supreme Court · 1896
  3. Shaw v. BarnhartIndiana Supreme Court · 1861
  4. Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
  5. Czezewzka v. Benton-Bellefontaine Railway Co.Supreme Court of Missouri · 1894

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3Cited by2 opinions

  1. State v. ReillyNorth Dakota Supreme Court · 1913
  2. Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918

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