Wilson v. Western Surety Co.
South Dakota Supreme Court
Appeal from Circuit 'Court, Potter County. Hon. J. ..H. Bot-tum, Judge. . Action by Wesley J. Wilson against the Western Surety Company and another, for damages .for destroying, by fire plaintiff’s hay. From a judgment for plaintiff, defendant Surety Company appeals.
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Appeal from Circuit 'Court, Potter County. Hon. J. ..H. Bot-tum, Judge. . Action by Wesley J. Wilson against the Western Surety Company and another, for damages .for destroying, by fire plaintiff’s hay. From a judgment for plaintiff, defendant Surety Company appeals. With regard to the first of these reasons I wish to say that the act of the legislature under which the bond in question was given never had any validity, because no attempt even, was made by the legislature to comply with article III, section 21 of the constitution of the state. I am sure it will nqt be urged by my opponent that…
1Opinion of the CourtMcCOY, J.
There was a verdict and judgment for plaintiff in- the circuit court from which defendant Western Surety Co-m*178pany appeals. Plaintiff complained that defendant Hanson, in the fall oí 1907; was the owner of a steam 'threshing machine, and that, while moving said threshing machnery over the prairie in the vicinity of plaintiff’s property, negligently permitted the fire to escape from the engine and -set fire to the surrounding grass, and that a high wind drove and communicated said fire to plaintiff’s property, consisting of about, 40 tons'of hay,'of the value of $120, and wholly consumed and…
2Cases cited2 opinions
- Johnson v. HarrisonSupreme Court of Minnesota · 1891
- Tribune Printing & Binding Co. v. BarnesNorth Dakota Supreme Court · 1898
3Cited by9 opinions
- City of Rapid City v. RenschSouth Dakota Supreme Court · 1958
- Brady v. CooperSouth Dakota Supreme Court · 1923
- Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
- State ex rel. Kronschnabel v. IsenhuthSouth Dakota Supreme Court · 1914
- State v. DeversSouth Dakota Supreme Court · 1913
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