Lockhart v. Hewitt
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by Prank M. Lockhart against Thomas Hewitt, as chief of police of the city of Rapid City. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPuller, J.
At the trial of this action in claim and delivery to recover the possession of certain cattle impounded by the defendant under an ordinance of the city, and. after both parties had rested, the court withdrew all evidence from the jury, excepting such as related to damages alleged to have been sustained by plaintiff on account of the wrongful detention of such property. Without questioning the validity of the ordinance, the trial court'held, as a matter of law, “that the plaintiff used ordinary care and diligence in herding his stock to keep them from going within the limits of Rapid City, and…
2Cases cited4 opinions
- Consolidated Land & Irrigation Co. v. HawleySouth Dakota Supreme Court · 1895
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Haugen v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Kielbach v. Chicago, M. & St. P. Ry.South Dakota Supreme Court · 1900
3Cited by3 opinions
- Hall v. HallSouth Dakota Supreme Court · 1935
- Coughran v. Western Elevator Co.South Dakota Supreme Court · 1908
- Wald v. FordSouth Dakota Supreme Court · 1906