Waaler v. Great Northern Railway Co.
South Dakota Supreme Court
Appeal from 'Circuit Court, Codington' County. Hon. Georg® H. Marquis, Judge. Action by Lars O. Waaler against theiGreat Northern Railway Company. Judgment for plaintiff, and defendant appeals. The declaration of an agent 'cannot be offered to establish his agency.
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Appeal from 'Circuit Court, Codington' County. Hon. Georg® H. Marquis, Judge. Action by Lars O. Waaler against theiGreat Northern Railway Company. Judgment for plaintiff, and defendant appeals. The declaration of an agent 'cannot be offered to establish his agency. Civil Code,, Sec. 1677; Jones on Evidence, Sec. 36; Wal" ter A. Wood Co. v. Crow, 30, N. W. 600. The agency of an unidentified person, was proven by (his mere declaration and his other statements received to bind defendant. Even had the agency been proven, his declarations made at the time they were should not have been considered…
1Opinion of the CourtCorson, J.
This is an action instituted by the plaintiff to recover damages for an alleged personal-injury sustained by him by reason of an assault by one (of the section men, claimed to have been employed by the defendant under the direction of the foreman of the section crew. Verdict and judgment being in favor of the plaintiff, the defendant has appealed.
This action was before us at a former term of this court on an appeal from an order overruling the demurrer to the 'complaint, pnd which order ‘was reversed by this court. The decision is reported in 18 S. D. 420, 100 N. W. 1097, 70 L. R. A. 731. On…
2Cases cited8 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Cohen v. . D.D., E.B. and B.R.R. Co.New York Court of Appeals · 1877
- Barden v. FelchMassachusetts Supreme Judicial Court · 1872
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3Cited by8 opinions
- Kornec v. Mike Horse Mining & Milling Co.Montana Supreme Court · 1947
- Dibble v. San Joaquin Light & Power Corp.California Court of Appeal · 1920
- De Leon v. Doyhof Fish Products Co.Washington Supreme Court · 1918
- Winston v. Sears, Roebuck & Co.Appellate Court of Illinois · 1967
- Hasche v. WagnerSouth Dakota Supreme Court · 1929
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