House v. Chicago & Northwestern Railway Co.

This case is before us upon a rehearing granted an appellant’s application. For the former opinion, see, 30 S. D. 321, 138 N. W. 809. To the principal parts of that opinion we adhere. We now think it was inaccurate to state therein that defendant’s attorneys tried the case on the theory that the articles in dispute could not under any circumstances become baggage. We also think that opinion erroneous in so far as it disposes of the questions that were raised by defendant’s motion to strike out plaintiff’s testimony -and dismiss the action.

[1] Except as to items aggregating in value $90,…