Legal Opinion

Pease v. Cochran

South Dakota Supreme Court

Decided June 24, 1919No. File No. 4541PublishedCited by 3 opinions

Appeal from Circuit 'Court, Brookings’ County. Hon. W. N. Skinner, Judge. Acton by Eva P'ease, against' Robert Cochran, to recover damages for injury resulting from defendant’s frightening plaintiff’s horse. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. (4) To point four of the opinion, Appellant cited: Pollock on Torts, 36; Turner v. Bennett, 142 N. W. 999.

1Opinion of the CourtPolley, J.

While the plaintiff was riding in a buggy along a highway, in Brookings county, her horse ran away, upsetting the buggy and throwng the plaintiff to the ground, thereby causing, her serious, and probably permanent, injury. Claiming the runaway was caused by the negligent manner in which defendant was operating a motor car on said highway, plaintiff, (brought this action to recover damages caused by said injury. She recovered judgment and defendant appeals.

[1]' The negligence attributed to defendant is charged in the plaintiff’s complaint in the following manner:

“That plaintiff’s said…

2Cited by3 opinions

  1. Green v. PoolCourt of Appeals of Texas · 1967
  2. Burrington v. HeineSouth Dakota Supreme Court · 1974
  3. Mortenson Ex Rel. Mortenson v. HindahlSupreme Court of Minnesota · 1956

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