Lyons v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington Co-unty. Hon. Levi McGee, Judge. Action by Elizabeth G. Lyons against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. A railroad company is not liable for injuries caused by a team taking fright at the ordinary operation of a train upon its road, or for injuries resulting from noises necessarily incident to the operation thereof.
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Appeal from Circuit Court, Pennington Co-unty. Hon. Levi McGee, Judge. Action by Elizabeth G. Lyons against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. A railroad company is not liable for injuries caused by a team taking fright at the ordinary operation of a train upon its road, or for injuries resulting from noises necessarily incident to the operation thereof. Clinebell v. R. R. Co., no N. W. 347; Hendricks v. R. R. Co., 93 N. W. 141; R. R. Co. v. Roberts, 91 N. W. 707; Fares v. Ry. Co., 77 Pac. 230; Walters v. Railway Co., 80 N. W.…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiff, and ’ from the order denying a new trial. The action was instituted by the plaintiff to recover damages for an injury alleged to have been sustained by her on October 19, 1907, while she was going westerly in a vehicle from her home in Rapid Valley to Rapid City upon the public highway parallel with the defendant’s railroad, which at the point where the accident occurred was in close proximity thereto. Her team became frightened at the noise made by the whistling of an engine drawing a cattle train going…
2Cases cited3 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. FultonSupreme Court of Alabama · 1905
3Cited by2 opinions
- Lyons v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
- Modisette v. Foundation Reserve Insurance Co.New Mexico Supreme Court · 1967