House v. Chicago & Northwestern Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank A. House against the Chicago- & Northwestern Railway Company, for damages for loss of a trunk and contents as baggage. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank A. House against the Chicago- & Northwestern Railway Company, for damages for loss of a trunk and contents as baggage. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Defendant’s objection that the complaint did not state facts sufficient to constitute a cause of a.ctio-n should have been sustained for the reason that it was necessary for plaintiff to plead and prove a demand in writing upon the defendant for the money damages claimed to -have been sustained, as a condition…
1DissentCorson, J.
I am unable to concur in the views expressed in the majority opinion of this court, and I will briefly state my reasons for dissenting therefrom.
There was included in the list of articles claimed to constitute -baggage in this case articles to the value of $228 consisting of household goods, silverware, table linen, etc., and a gun and guncase, which in my opinion, under the evidence, did not constitute baggage or luggage within the meaning of the law. . It seems to be claimed in the majority opinion that the question as to whether or not the articles constituted baggage is not properly…
2Cases cited11 opinions
- Chicago, Rock Island & Pacific Railroad v. BoyceIllinois Supreme Court · 1874
- Miss. Central Railroad v. KennedyMississippi Supreme Court · 1868
- Oakes v. N. P. R. R.Oregon Supreme Court · 1891
- Giles v. FauntleroyCourt of Appeals of Maryland · 1859
- Choctaw, Oklahoma & Gulf Railroad v. ZwirtzSupreme Court of Oklahoma · 1903
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