Hedlun v. Holy Terror Min. Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by John Hedlun against the Holy Terror Mining Company. Prom a judgment in favor of plaintiff, defendant appeals. If the plaintiff desired to repudiate the settlement, he should have tendered back to the defendant, the consideration he received prior to the commencement of his action. It is not sufficient to offer to restore in his complaint.
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Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by John Hedlun against the Holy Terror Mining Company. Prom a judgment in favor of plaintiff, defendant appeals. If the plaintiff desired to repudiate the settlement, he should have tendered back to the defendant, the consideration he received prior to the commencement of his action. It is not sufficient to offer to restore in his complaint. Breyfogle v. Walsh 80, Fed. 172; Hammond v. Wallace 85 Cal. 531; Dotterer v. Freeman 88, Georgia 479. When the defendant supplied plaintiff with a standard fuse, reasonably…
1Opinion of the CourtHaney, P. J.
This is an action to recover damages for personal injuries received by the plaintiff while employed by the defendant, a domestic corporation, blasting rock in its mine. Its trial resulted in a judgment for $12,000, from which, and an order denying its application for a new trial, the defendant appealed.
It is alleged in the complaint that the defendant was negligent (1) in failing to provide proper means of ingress to the *270cage in which the plaintiff and his colaborers were conveyed to and from their work, and (2) in furnishing a quicker fuse on the day of the accident than that previously…
2Cases cited7 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- O'Brien v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- State v. ChapmanSouth Dakota Supreme Court · 1890
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dwyer v. ChristensenSouth Dakota Supreme Court · 1958
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Marple v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1911
- Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
- Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
10 more not listed; retrieve them via the Exa API.