John Moodie Dry Goods Co. v. Gilruth
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Carr G. Shrrwood, Judge. Action by th-e John Hoodie Dry Goods Company against A. C. Gilruth, to recover -for damages to plaintiff’s- goods from water caused by caving in of a r-oo-f on- defendant landlord’s -building. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Codington County. Hon. Carr G. Shrrwood, Judge. Action by th-e John Hoodie Dry Goods Company against A. C. Gilruth, to recover -for damages to plaintiff’s- goods from water caused by caving in of a r-oo-f on- defendant landlord’s -building. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) Under point one of the opinion, Appellant cited: Hamilton v. Feary, 52 A. S. R. 485; Johnston v. Nichols, (Wash.) 145 Pac. 417; Bailey et al., v. Kelley, (Kas.) 145 Pac. 556; Thompson v. Clemens, reported in 60 L. R. A. 580; 1 Tiffany…
1Opinion of the CourtMcCOY, P. J.
This suit -was instituted by plaintiff, as owner of certain merchandise, to recover damages of defendant, as owner of certain premises, for negligently maintaining thereon an alleged insufficient drainpipe, whereby plaintiff’s said merchandise became injured by water. There was verdict and judgment for plaintiff, and defendant appeals. It appears that at all times material to this controversy defendant was the owner of a- certain business building in the city, of Watertown; that said building is 165 feet long and 50 feet wide, two stories high in front to a depth of about 30 feet, the…
2Cases cited3 opinions
- Bailey v. KellySupreme Court of Kansas · 1915
- Patterson v. Jos. Schlitz Brewing Co.South Dakota Supreme Court · 1902
- Johnston v. NicholsWashington Supreme Court · 1915
3Cited by9 opinions
- Smith v. WeberSouth Dakota Supreme Court · 1944
- Boe v. HealySouth Dakota Supreme Court · 1969
- Meier & Lockwood Corp. v. Dakota Live Stock Investment Co.South Dakota Supreme Court · 1923
- Carmen Heppler K.D. Heppler v. Thomson Newspapers, Inc. Thomson Newspapers Holdings, Inc.Court of Appeals for the Eighth Circuit · 1997
- Simmons v. PagonesSouth Dakota Supreme Court · 1938
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