Hulm v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Thomas L. Bouck, Judge. Action -by Rochus Hulm, against the Chicago, Milwaukee & St. Paul Railway Company, a corporation, to recover damages for personal injury. From a judgment for plaintiff,- and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Brown County. Hon. Thomas L. Bouck, Judge. Action -by Rochus Hulm, against the Chicago, Milwaukee & St. Paul Railway Company, a corporation, to recover damages for personal injury. From a judgment for plaintiff,- and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Respondent cited: Johnson v. Burnside, (S. D.) 52 N. W. 1057. (9) To point nine, Appellant cited: Wagner v. C. B. & Q. R. Co. (Mo.), 133 S. W. 68; Hudson v. Rome W. & O. R. Co. (N. Y.), 40 N. E. 8.
1Opinion of the CourtWhiting, J.
Action to recover damages for personal injuries; verdict and judgment for plaintiff; and appeal from judgment and order denying a new trial.
[1] Respondent pleaded that, while working in the employ and under the direction of an employee of appellant and at appellant’s 'business, he caught his foot in a frog on appellant’s tracks, which frog had been carelessly and negligently allowed to remain unblocked; that while he was so caught in such frog, and while he was in full view of appellant’s agents and servants in'-charge of a.train, such agents and servants negligently drove said train over and…
2Cases cited4 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Reeves v. National Fire InsuranceSouth Dakota Supreme Court · 1919
- J. F. Anderson Lumber Co. v. SpearsSouth Dakota Supreme Court · 1910
- Strong v. SchafferSouth Dakota Supreme Court · 1917