Sioux Falls Traction System v. Great Northern Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by the Sioux Falls Traction System, against the Great Northern Railway Company, to recover damages for destruction of plaintiff’s street car by defendant’s railway train. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i.) To point one of the opinion, Appellant cited: Jones on Evidence, §§ 403, 410; Chicago & A. Ry.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by the Sioux Falls Traction System, against the Great Northern Railway Company, to recover damages for destruction of plaintiff’s street car by defendant’s railway train. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i.) To point one of the opinion, Appellant cited: Jones on Evidence, §§ 403, 410; Chicago & A. Ry. Co. v. Logue, 47 111. App. 292. (3.) To point three of the opinion, Appellant cited: Healy v. Johnson (la.) 103 N. W. 92; Fisher v. Ry. Co. (Ia.) 157 Ibid.…
1Opinion of the CourtWhiting, J.
A train belonging to defendant collided with and destroyed a car belonging to plaintiff while such car was standing at the junction of the lines of track belonging to these parties. Plaintiff recovered a judgment for the value of the car so destroyed. From such judgment and from an order denying a new trial this appeal was taken. In a general way the facts of this case are quite analogous to those in the case of Allison v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 158 N. W. 452, and much that was said in that case is applicable to the facts presented herein. We therefore deem it…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Whaley v. VidalSouth Dakota Supreme Court · 1911
- Allison v. Chicago, St. Paul, Minneapolis, & Omaha Railway Co.South Dakota Supreme Court · 1916
3Cited by3 opinions
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Cameron v. MillerSouth Dakota Supreme Court · 1920
- Alendal v. MadsenSouth Dakota Supreme Court · 1937