Legal Opinion

Yeager v. South Dakota Central Railway Co.

South Dakota Supreme Court

Decided March 31, 1913PublishedCited by 4 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Peter J. Yeager against the South Dakota Central Railway Company, to recover damages for personal injuries. From a judgment for plaintiff and an order denying a new trial", defendant appeals.

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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Peter J. Yeager against the South Dakota Central Railway Company, to recover damages for personal injuries. From a judgment for plaintiff and an order denying a new trial", defendant appeals. At the close of the case we requested the court to require the jury to answer certain' specific questions, (Abst., page 48), the first of which was: “Was the 'headlight cage on the locomotive which the defendant was using at the time of the accident which resulted in his injury, defective, and if so, how?” The next…

1Opinion of the CourtWhiting, P. J.

Plaintiff brought this action seeking to recover damages claimed to have been suffered by him from injuries received while he was in the employ of defendant as locomotive engineer in charge of one of the engines running on defendant’s road. Pie alleged that one of his duties as such engineer was to light the headlight upon the engine, and that, while engaged in lighting -such headlight, and in order for him to be in a position to light the light, it was necessary to take hold of and -to support -himself in part by a handhold attached to the headlight cage. Plaintiff further alleged that the…

2Cases cited2 opinions

  1. Howie v. BratrudSouth Dakota Supreme Court · 1901
  2. Nichols & Shepard Co. v. MarshallSouth Dakota Supreme Court · 1911

3Cited by4 opinions

  1. Orrison v. City of Rapid CitySouth Dakota Supreme Court · 1956
  2. Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
  3. Allen v. LineSouth Dakota Supreme Court · 1948
  4. First National Bank of Frederick v. McIlvaineSouth Dakota Supreme Court · 1913

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