Mix v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County, Hon. Joseph H. Bottum, Judge. Action by Charles Mix against the Chicago, Milwaukee & St. Paul Railway Company, to recover damages for loss of and injury to livestock shipped over defendant railroad. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Toledo etc. R. Co. v. Foss, 88 Ill. 551; Reading v. C. B. & Q. Ry.
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Appeal from Circuit Court, McPherson County, Hon. Joseph H. Bottum, Judge. Action by Charles Mix against the Chicago, Milwaukee & St. Paul Railway Company, to recover damages for loss of and injury to livestock shipped over defendant railroad. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Toledo etc. R. Co. v. Foss, 88 Ill. 551; Reading v. C. B. & Q. Ry. C., (Mo.) 145 S. W. 1166; Peterson v. C. M. & St. P. Ry. Co., 19 S. D. 122; Rodell v. Adams, (Pa.) 80 Atl. 253; McCoy v. Carolina Cent. R. Co. (N.…
1Opinion of the CourtMcCOY, J.
Plaintiff, who is respondent here, by his complaint set out two causes of action. By the first he, in substance, alleged that on June 20, 1911, he delivered to appellant three car loads of live stock, consisting of 97 head of cattle and some hogs, *615to be shipped by appellant from Eureka, S. D., to South St. Paul, Minn.; that defendant did not transport said stock within a reasonable time, and did not use ordinary care in the handling of said stock, but, on the contrary, so negligently, • by suddenly starting and stopping its train, the said stock were, by the kicking and jamming of said cars…
2Cases cited6 opinions
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- Needy v. Western Maryland RailroadSuperior Court of Pennsylvania · 1903
- Bartelt v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1910
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3Cited by1 opinion
- Sheehan v. Minneapolis & St. L. R. Co.South Dakota Supreme Court · 1923