Harrison v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. Action to recover damages for an animal killed by defendant’s engine. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion. It is not the engineer’s duty to keep a look-out for trespassing animals. Lighthouse v. Railroad, 3 S. D. 518; 54 N. W. 321. The presumption arising from the killing of a trespassing animal on the track is one of law.
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Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. Action to recover damages for an animal killed by defendant’s engine. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion. It is not the engineer’s duty to keep a look-out for trespassing animals. Lighthouse v. Railroad, 3 S. D. 518; 54 N. W. 321. The presumption arising from the killing of a trespassing animal on the track is one of law. Kansas v. Deaton, 9 S. E. 828; Railroad v. Wall, 7 Id. 639; Flatters v. Chicago, 35 la. 191; Railroad v. McAlpene, 75 Ala. 113; Havannah v. Jarvis,…
1Opinion of the CourtCorson, P. J.
On the trial the plaintiff and respondent introduced evidence tending to prove the killing of respondent’s cow by appellant’s engine, and the value of the animal. The respondent also testified as follows: “* * * About four or five rods from where the cow lay towards the river, there were cow tracks in the middle of the railroad track, and the tracks looked as if the animal had been running. It was a moonlight night. * * * It' was not a straight track where the animal was killed, but it is all open. The curve is to the south. It is not a very big one. There was ño wagon-road crossing *103where the…
2Cases cited3 opinions
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Hebron v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
3Cited by19 opinions
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Hall v. HallSouth Dakota Supreme Court · 1935
- Mears v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
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