Hess v. South Dakota Central Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. C. X. Seward, Judge. Action by S. B. Hess and another against the South Dakota Central Railway Company, for value of a threshing machine belt. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. The question of the ownership of the belt rests entirely on the plaintiffs’ evidence.
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Appeal from Circuit Court, Codington County. Hon. C. X. Seward, Judge. Action by S. B. Hess and another against the South Dakota Central Railway Company, for value of a threshing machine belt. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. The question of the ownership of the belt rests entirely on the plaintiffs’ evidence. Mr. Beebee, plaintiffs’ witness, as appears by pages 3 and 4 of the abstract, testified that he purchased -the belt in question of the plaintiffs for $75; the wear on the belt amounted to $5.00. On cross-examination he…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment in favor of the plaintiffs and from- the order denying a new trial. The action was instituted by the plaintiffs to recover $75, the value of a belt used on a threshing machine outfit alleged to have been delivered to the defendant as a common carrier at the way station of Thomas on the line of its road to be carried by the defendant to Watertown and there to be delivered to the plaintiffs, which property was lost in transit, or at least not delivered to the plaintiffs. The answer of the defendant is a general denial.
It is disclosed by the…
2Cases cited2 opinions
- Hawley v. BondSouth Dakota Supreme Court · 1905
- The GeiserDistrict Court, E.D. New York · 1884
3Cited by1 opinion
- Knittle v. ErnstSouth Dakota Supreme Court · 1918