Legal Opinion

Peart v. Chicago, M. & St. Paul Railway Co.

South Dakota Supreme Court

Decided April 26, 1894PublishedCited by 2 opinions

Appeal from circuit court, Lincoln county. Hon. Prank R. Aikens, Judge. Action to recover damages to personal property alleged to have been caused by the negligence of the defendant. A verdict was rendered for defendant, and judgment entered thereon. Prom an order vacating the verdict and the judgment, defendant appeals.

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Appeal from circuit court, Lincoln county. Hon. Prank R. Aikens, Judge. Action to recover damages to personal property alleged to have been caused by the negligence of the defendant. A verdict was rendered for defendant, and judgment entered thereon. Prom an order vacating the verdict and the judgment, defendant appeals. The facts are stated in the opinion Cited the following cases: Perry v. Mulligan, 58 G-a. 479; Stiles v. Ford, 2 Col. 128; Mervin v. Wheeler, 41 Conn. 14; Stroger v. Sample, 24 Pac. 425; Hill v. State, 17 Wis. 675; Commonwealth v. Roby, 12 Pickering 496; People v. Brannigen…

1Opinion of the CourtFuller, J.

The plaintiff brought suit to recover $1,952.80 as damages alleged to have been occasioned by the negligence of the defendant in operating a certain engine, claimed to have been defectively constructed and equipped, and in allowing combustible material to accumulate and 'remain upon defendant’s right of way. The answer appears to have been a general denial. The cause came on for trial on the 22nd day of March, 1892, and was concluded and submitted to the jury under the instructions of the court on the 24th of that month, at about 10 o’clock in the forenoon, whereupon the jury, in charge of a…

2Cases cited5 opinions

  1. Martin v. MorelockIllinois Supreme Court · 1863
  2. Bond v. WoodIllinois Supreme Court · 1873
  3. Rosser v. McCollyIndiana Supreme Court · 1856
  4. Young v. SeymourNebraska Supreme Court · 1875
  5. City of Chicago v. RogersIllinois Supreme Court · 1871

3Cited by2 opinions

  1. Finn v. Carnegie-Illinois Steel CorporationDistrict Court, W.D. Pennsylvania · 1946
  2. Reed v. KinnikSupreme Court of Pennsylvania · 1957

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