Lighthouse v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Cajkp-I1ELL, Judge., Action to recover damages for killing plaintiff’s borses. Plain,tiff bad judgment. Defendant appeals. Tbe facts are stated in tbe opinion. Tbe defendant having rebutted tbe evidence of tbe plaintiff and shown that there was no negligence on tbe part of defendant, it was entitled to a verdict. Valkman v. Ry. Co., 5 Dak. 69; Gay v. Ry. Oo., Id. 519; Pattee v. Ry. Oo., Id. 267; Huber v. Ry.
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Appeal from circuit court, Brown county. Hon. A. W. Cajkp-I1ELL, Judge., Action to recover damages for killing plaintiff’s borses. Plain,tiff bad judgment. Defendant appeals. Tbe facts are stated in tbe opinion. Tbe defendant having rebutted tbe evidence of tbe plaintiff and shown that there was no negligence on tbe part of defendant, it was entitled to a verdict. Valkman v. Ry. Co., 5 Dak. 69; Gay v. Ry. Oo., Id. 519; Pattee v. Ry. Oo., Id. 267; Huber v. Ry. Oo., 6 Dali. 392. Tbe borses killed were trespassers on defendant’s property and it was not defendant’s duty to keep a lookout ahead…
1Opinion of the CourtKellam, J.
This action was brought to recover damages for killing a number of horses belonging to plaintiff. The horses were killed near the east end of a pile bridge in defendant’s roadbed by an extra engine running west. The accident occurred in the evening. The horses were running at large, and for some time before the accident the plaintiff and his son had been unsuccessfully trying to capture them. The evidence tends to show that they came upon the track about half a mile east of the place of the accident, and traveled along or upon the track towards the bridge where the accident occurred, and were…
2Cited by15 opinions
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Ward v. MelbySouth Dakota Supreme Court · 1966
- Borneman v. Chicago, St. P., M. & O. Ry. Co.South Dakota Supreme Court · 1905
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