Kelley v. Anderson
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by F. E. Kelley against Jens Anderson, for damages by lire alleged to have occurred through the negligence of defendant. From a judgment in favor of plaintiff, defendant appeals. The negligence of the defendant must appear affirmatively from the evidence on the part of the plaintiff.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by F. E. Kelley against Jens Anderson, for damages by lire alleged to have occurred through the negligence of defendant. From a judgment in favor of plaintiff, defendant appeals. The negligence of the defendant must appear affirmatively from the evidence on the part of the plaintiff. Mattoon v. Railroad, 6 S. D. 301. That one may lawfully kindle a fire upon his own premises is a principle of law that is recognized almost universally. And the liability of the person setting such fire, in case of its spreading, rests…
1Opinion of the CourtCorson, J.
This is an action for damages. Verdict and judgment in favor of the plaintiff, and the defendant appeals. At the commencement of the trial the defendant obj ected to the introduction of any evidence on the part of the plaintiff, upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The objection was overruled, exception taken, and the defendant now insists that the court erred in admitting the evidence. The complaint in this action is as follows: “ (1) That, on the 10th day of April, 1899, and prior thereto, plaintiff was the owner, and in…
2Cases cited3 opinions
- Wilson v. SeamanSouth Dakota Supreme Court · 1901
- Smith v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Brunell v. HopkinsSupreme Court of Iowa · 1876
3Cited by6 opinions
- Gallichotte v. California Mutual Building & Loan Ass'nCalifornia Court of Appeal · 1935
- Seckerson v. SinclairNorth Dakota Supreme Court · 1913
- George v. OdenthalNorth Dakota Supreme Court · 1929
- Alendal v. MadsenSouth Dakota Supreme Court · 1937
- Jones v. Great Northern Railway Co.North Dakota Supreme Court · 1903
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