Belding v. Black Hills & Ft. P. R.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. C. M. Thomas, Judge. Action by plaintiff, as administrator of the estate of the decedent, against the Black Hills & Fort Pierre Railroad Company for causing the death of the decedent. Verdict for plaintiff. A motion in arrest of judgment was denied and judgment entered for plaintiff. Defendant appeals. The facts, are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. C. M. Thomas, Judge. Action by plaintiff, as administrator of the estate of the decedent, against the Black Hills & Fort Pierre Railroad Company for causing the death of the decedent. Verdict for plaintiff. A motion in arrest of judgment was denied and judgment entered for plaintiff. Defendant appeals. The facts, are stated in the opinion. At common .law no action for injury to the person survives the death of the person receiving them. Cooley, Torts, § 262; Gfrosso v. Railroad, 13 Atl. 233. Where death results to the injured party coincident…
1Opinion of the CourtCorson, J.
This was an action brought by plaintiff, as the administrator of the estate of Merritt J. Belding, deceased, to recover damages alleged to have been caused by the negligence of the defendant, resulting in the death of the decedent. The complaint alleges, in substance, that on September 13, 1890, while deceased was a passenger on the cars of the defendant, a certain tree standing contiguous to the railroad track of the defendant, by reason of the negligence of the servants and agents of defendant, fell, struck the deceased, and instantly killed him. The damages alleged to have been sustained…
2Cases cited14 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Rowe v. RichardsSouth Dakota Supreme Court · 1913
- Anderson v. LaleSouth Dakota Supreme Court · 1974
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
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