Dougherty v. Chicago, M. & St. P. Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Hutchinson County. Lion. E. G. Smith, Judge. Action by James Dougherty against the Chicago, Milwaukee & •St. Paul Railway Company. Judgment for - plaintiff. Defendant appeals.
1Opinion of the CourtCorson, P. J.
This is an appeal by the defendant from a judgment rendered in favor of the plaintiff for damages alleged to have been sustained by him by the loss of a horse killed by an engine -of the defendant. It appears from the evidence that the plain*47tiff resided on the easterly side of the defendant’s railway in Hutchinson county, and was the owner of a tract of land on the westerly side thereof; that on the day the horse was killed he was used by the plaintiff, with other horses, in farming operations on the land on the west side of the track; that about 6 o’clock in the evening the plaintiff himself…
2Cases cited6 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
- Pennsylvania Railroad v. OgierSupreme Court of Pennsylvania · 1860
- Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.South Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Whaley v. VidalSouth Dakota Supreme Court · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Pendroy v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Canterbury v. Director General of RailroadsWest Virginia Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.