Haugen v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action against the defendant railroad company for causing the destruction of plaintiff’s property by fire. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. Where a juror is shown to have feeling for- or against a certain party he should not be permitted to sit in judgment upon that party. Section 5040, Comp. Laws; Thomp.
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Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action against the defendant railroad company for causing the destruction of plaintiff’s property by fire. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. Where a juror is shown to have feeling for- or against a certain party he should not be permitted to sit in judgment upon that party. Section 5040, Comp. Laws; Thomp. Trials, 65. Where fire is set by a railroad upon the right-of-way and spreads therefrom, doing damage, plaintiff should allege and prove that defendant negligently permitted…
1Opinion of the CourtBennett, P. J.
This is an action brought by the plaintiff based upon the charge that the defendant negligently and carelessly permitted combustibles to accumulate upon its right of way *397and roadbed; that sparks from its engine ignited this material, and that this fire was communicated to plaintiff’s property, and destroyed it; whereby he was damaged to the extent of $1,476. The answer of defendant, except as to some formal matters, was a general denial. Upon the trial a verdict was rendered in favor of plaintiff, and damages assessed at the sum of $978.90, and judgment rendered for the amount. From this…
2Cases cited16 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Spies v. IllinoisSupreme Court of the United States · 1887
- State v. SmithSupreme Court of Connecticut · 1881
- Smiths v. ShoemakerSupreme Court of the United States · 1873
- O'Connor v. StateSupreme Court of Florida · 1860
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3Cited by13 opinions
- State v. FlackSouth Dakota Supreme Court · 1958
- State v. SysingerSouth Dakota Supreme Court · 1910
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Howie v. BratrudSouth Dakota Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.