Lunden v. Brookings & Sioux Falls Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. GkORGk H. Marquis, Judge. Action by Anna B. Hunden and another against the Brookings & Si-oux Falls Railway Company, for damages from negligent construction and maintenance of right of way and drainage ditches. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The allegation of the complaint is more general than the complaint in the action of Merral'l v. The Minneapolis & St. R. Ry.
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Appeal from Circuit Court, Brookings County. Hon. GkORGk H. Marquis, Judge. Action by Anna B. Hunden and another against the Brookings & Si-oux Falls Railway Company, for damages from negligent construction and maintenance of right of way and drainage ditches. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The allegation of the complaint is more general than the complaint in the action of Merral'l v. The Minneapolis & St. R. Ry. Co. 129 N. W.- 468, recently decided by this court, and the court held in that case that under an objection to the introduction…
1Opinion of the CourtWhiting, P. J.
This is an appeal from the judgment of the trial court and an order denying a hew trial in an action, wherein plaintiffs recovered a verdict for damages which they claimed to have suffered through the negligence of the defendant corporation.
Respondents moved for the dismissal of this appeal for the reason that, after the judgment herein and prior to this appeal, there was appointed, in another action, a receiver for defendant corporation, and there was nothing showing that the receiver had authorized this appeal. Respondents have also moved that the purported transcript filed under the…
2Cases cited6 opinions
- Quinn v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1909
- Wood v. DodgeSouth Dakota Supreme Court · 1909
- Davis v. DavisSouth Dakota Supreme Court · 1910
- Hannaher v. St. Paul, Minneapolis & Manitoba RailroadSupreme Court Of The Territory Of Dakota · 1888
- Port Huron & Northwestern Railway Co. v. CallananMichigan Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. DammSouth Dakota Supreme Court · 1933
- Weidmeier v. EdelmanSouth Dakota Supreme Court · 1953
- Loveland v. PerritonSouth Dakota Supreme Court · 1928
- Vick v. MoeSouth Dakota Supreme Court · 1951
- Langness v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1918