Meek v. Meade County
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by Margaret Meek against Meade county to recover damages caused by defendant’s officers in opening a fence. From a judgment in favor of plaintiff, defendant appeals. The duty and powers of the officers of a public corporation are prescribed by statute, and every person dealing with them may know and is charged with knowing the nature of their duties and extent of their powers.
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Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by Margaret Meek against Meade county to recover damages caused by defendant’s officers in opening a fence. From a judgment in favor of plaintiff, defendant appeals. The duty and powers of the officers of a public corporation are prescribed by statute, and every person dealing with them may know and is charged with knowing the nature of their duties and extent of their powers. Treadway v. Schnauber, 1 S. D. 237; Van Antwerp v. Dell Rapids Township, 5 S. D. 447; Hanson v. Township, 7 S. D. 38; Dillon Mun. Corp., §§…
1Opinion of the CourtFuller, J.
As a basis of a claim of $400 damages, caused by the negligence of defendant’s officers in opening a fence, *165whereby plaintiff’s land was exposed to trespassing animals, in violation, of an express agreement, it is in the complaint alleged “that on the 10th day of July, 1895, the plaintiff sold and by deed conveyed to Meade county a strip of land sixty six (66) feet wide through said land, for a public highway, said land being then and there inclosed together with a good and sufficient fence/ and, as a part of the consideration for the deed to such strip of land for such public highway, the…
2Cases cited5 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Mossman v. ForrestIndiana Supreme Court · 1866
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
- Oliphant v. Comm'rs of Atchison CountySupreme Court of Kansas · 1877
- Burns v. AnnasSupreme Judicial Court of Maine · 1872
3Cited by7 opinions
- Otter Tail Power Co. v. Henry Von BankNorth Dakota Supreme Court · 1942
- Cuka v. StateSouth Dakota Supreme Court · 1963
- Koloen v. Pilot Mound TownshipNorth Dakota Supreme Court · 1916
- Lien v. Northwestern Engineering Co.South Dakota Supreme Court · 1952
- South Dakota Employers Protective Ass'n v. PoageSouth Dakota Supreme Court · 1937
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