Peart v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Petition for rehearing, and appeal from clerk’s taxation of costs. For former opinion see 8 S. D. 431,. 66 N. W. 814.
1Opinion of the CourtHaney, J.
Plaintiff and respondent petitions for a rehearing, and appeals from the clerk’s taxation of costs. So much of the record as is required to present the errors for which the judgment was reversed will be found in the opinion of this court reported in 66 N. W. 814.
The precise question presented is this: Is it reversible error for atrial judge in this state, to read an instruction, as an in*635struction requested by one of tbe parties, in language substantially different from that requested? Whether a trial court may not refuse a request which correctly declares the law if, in its own charge, the…
2Cases cited9 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
- Bem v. BemSouth Dakota Supreme Court · 1893
- Billingsley v. HilesSouth Dakota Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Bailey Loan Co. v. SewardSouth Dakota Supreme Court · 1896
- Whaley v. VidalSouth Dakota Supreme Court · 1910
- Thompson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1910
- Hedlun v. Holy Terror Mining Co.South Dakota Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.