Appel v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from- Circuit Court, Pennington County. Hon. Leve McGEE, Judge. Action .by Margaret Appel again-st the 'Chicago-, Milwaukee & St. Paul Railway Company, to -recover -dam-ages for interference with plaintiffs residence property by reason of the operation of -defendant railroad in the street in front thereof. -From a judgment for defendant, and from an- order -denying a new trial, plaintiff appeals.
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Appeal from- Circuit Court, Pennington County. Hon. Leve McGEE, Judge. Action .by Margaret Appel again-st the 'Chicago-, Milwaukee & St. Paul Railway Company, to -recover -dam-ages for interference with plaintiffs residence property by reason of the operation of -defendant railroad in the street in front thereof. -From a judgment for defendant, and from an- order -denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant submitted that: Plaintiff may, under the existing facts, sue defendant company without joining its predecessor company. And cited: Faulk v. Mo.…
1Opinion of the CourtPolley, J.
Plaintiff, who is also' appellant, is the owner of a number of town lots, with a dwelling 'house thereon, facing upon one of the streets in Rapid City. The building is occupiel ■by plaintiff and ‘her famly as a residence. In her complaint she alleges that, while she was the owner of, and so1 occupying, said premises, and about the year 1907, the defendant, together with its predecessor in interest, the White River Valley Railway Company, located and constructed a railroad along- and upon said street in front of plaintiff’s said lots and dwelling house, and ever since said time has operated…
2Cases cited12 opinions
- Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
- Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
- Guinn v. Ohio River R.West Virginia Supreme Court · 1899
- Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
- Denver & Santa Fe Railway Co. v. HanneganSupreme Court of Colorado · 1908
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3Cited by1 opinion
- Hurley v. StateSouth Dakota Supreme Court · 1965