Butler v. Kilpatrick
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. James Mc-Nenney, Judge. Action by Louis Butler, against D. V. Kilpatrick and others, co-partners as Traver & Company, to recover for personal injuries. From a judgment for plaintiff, and from an order denying- a new trial, defendants appeal.
Read the full summary
Appeal from Circuit Court, Brown County. Hon. James Mc-Nenney, Judge. Action by Louis Butler, against D. V. Kilpatrick and others, co-partners as Traver & Company, to recover for personal injuries. From a judgment for plaintiff, and from an order denying- a new trial, defendants appeal. Appellant cited1: i, La'batt on Master and Servant, Sec. 388; Bresette ,v. E. B. & A. L. Stone Co., Cal., 121 Pac. 312; 1 Negligence and Compensation Cases Annotated, p. 869 ; Schweinforth v. Schwenk Barth Brewing- Co., 153 N. W. 908. Respondent cited: Perreault v. Wisconsin Granite Co., 32 S. D. 275.
1Opinion of the CourtW'Hitin'G, J.
Action to recover damages for personal injury alleged to have been sustained by reason of 'defendants’ negligence. Verdict and judgment for plaintiff, and defendants appealed from the judgment and an order denying a new trial.
But two questions are presented: (1) The sufficiency of the complaint; (2) the sufficiency of' the evidence to support the verdict. We deem it unnecessary to consider the first.
Defendants were the owners of a threshing outfit. Plaintiff was employed 'by them in the capacity of “separatorman.” It was plaintiff’s duty to- look after the running- of the separator, and the…
2Cases cited2 opinions
- Perreault v. Wisconsin Granite Co.South Dakota Supreme Court · 1913
- Iverson v. LookSouth Dakota Supreme Court · 1913
3Cited by2 opinions
- Starnes v. StofferahnSouth Dakota Supreme Court · 1968
- Ries v. Daffin CorporationSouth Dakota Supreme Court · 1964