Peart v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action for damages. Plaintiff had judgment, and defendant appeals. The facts are 'stated in the opinion. It was error for the court to modify and change certain instructions requested by defendant, without the consent of its counsel.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action for damages. Plaintiff had judgment, and defendant appeals. The facts are 'stated in the opinion. It was error for the court to modify and change certain instructions requested by defendant, without the consent of its counsel. Galloway v. McLean et al., 2 Dak. 372. The court having gone over the ground covered by the request, is not obliged to reiterate the charge or give it in the language of the attorney. Parliman v. Young, 2 Dak. 175;. Mason v. WhilbackCo., 35 Wis. 164; Andrea v. Thatcher, 24 Wis. 174; Eldridge…
1Opinion of the CourtFuller, J.
This action, for damages occasioned by a fire which originated from a passing engine alleged to be impropr erly equipped and negligently operated, resulted in a judgment and yerdict for plaintiff. The defendant appeals therefrom, and from an order overruling a motion for a new trial. Rer spondent’s motion to strike from the record that portion of the abstract which contains all the evidence, for the reason thaj;. the same is unauthorized, unnecessary, and was not used upon the hearing of the motion for a new trial, and because the same .contains no specification of errors relating to the…
2Cases cited1 opinion
- Galloway v. McLeanSupreme Court Of The Territory Of Dakota · 1881
3Cited by3 opinions
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Rood v. DutcherSouth Dakota Supreme Court · 1909
- State v. HelleksonSouth Dakota Supreme Court · 1900