Keilbach v. Chicago, Milwaukee & St. Paul Railway
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. C. Smith, Judge. Action to recover damages fpr killing a calf. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. The undisputed evidence fully rebuts the presumption of negligence created by the. statute, and a question of law arises, to be passed upon by the court.
Read the full summary
Appeal from circuit court, Hutchinson county. Hon. E. C. Smith, Judge. Action to recover damages fpr killing a calf. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. The undisputed evidence fully rebuts the presumption of negligence created by the. statute, and a question of law arises, to be passed upon by the court. Gay v. Railroad, 5 Dak, 514; 41 N. W. 757, Huber v. Railroad, 6 Dak. 392; 43 N. W. 819; Volkman v. Railroad, 5 Dak. 69; 37 N. W. 731; Hebron v. Railroad, 4 S. D. 538; 57 N. W. 494; Harrison v. Railroad, 6 S. D. 100; 60 N. W. 405. The mere fact…
1Opinion of the CourtFuller, J.
To recover the value of a calf killed by a passing freight train, this action was commenced and prosecuted to a judgment in favor of plaintiff, from which the defendant appeals.
Upon the. theory that the statutory imputation of negligence' arising from the fact that the calf was killed by the train had been clearly overcome by uncontroverted testimony, a motion was interposed, when both sides had rested, for the direction of a verdict in favor of appellant, and its assignment of error relating to the denial of such motion presents the only essentially important point, and requires a dareful…
2Cases cited2 opinions
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Hebron v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894