Legal Opinion

Larum v. Butler

South Dakota Supreme Court

Decided June 3, 1919No. File No. 4495PublishedCited by 4 opinions

Appeal from Circuit 'Court, Moody County. Hon. Louis L. FlEEGEr, Judge. Action by John E. Larum, against C. A. Butler, to recove! damages for personal injury resulting to plaintiff by being negligently struck by defendant’s automobile. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited: Johnson v. -St. Paul City Ry. Co., (Minn.). 55 N. W. 900; Patten v. Ry.

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Appeal from Circuit 'Court, Moody County. Hon. Louis L. FlEEGEr, Judge. Action by John E. Larum, against C. A. Butler, to recove! damages for personal injury resulting to plaintiff by being negligently struck by defendant’s automobile. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited: Johnson v. -St. Paul City Ry. Co., (Minn.). 55 N. W. 900; Patten v. Ry. Co., 32 Wis. 524. Respondent cited: Wheato'n v. N. B. & M. R. R., 36 (Cal.) 590; Davis v. Holy-Terror Mining- Co., 20 S. D. 412-415.

1Opinion of the CourtMcCOY, J.

[1] This action was brought by plaintiff to recover damages for personal injury resulting to him by being negligently struck by defendant’s automobile. There was verdict and-judgment for plaintiff, and defendant appeals. The points raised on this appeal are insufficiency of the evidence to justify the verdict, errors at law in the reception of evidence, errors in instructions to the jury, and excessiveness .of the damages awarded by the jury. There was sharp conflict in the evidence on the question of'negligence. There -was evidence offered by plaintiff, which, if believed by the jury, was…

2Cited by4 opinions

  1. Ross v. FossSouth Dakota Supreme Court · 1958
  2. Hotovec v. HoweSouth Dakota Supreme Court · 1961
  3. Pollman v. AhrensSouth Dakota Supreme Court · 1974
  4. Reindl v. OpitzSouth Dakota Supreme Court · 1974

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