Gates v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. This case was first decided by this court in an opinion found in 2 S. D. 422, (50 N. W. 907.) In that opinion the judgment of the lower court in favor of the plaintiff was affirmed. This opinion is upon a rehearing granted upon petition of the appellant and affirms the former decision.
1Opinion of the CourtKellam, J.
This case was decided at a former term, and appears in 2 S. D. 422, 50 N. W. 907. Upon petition of appellant, a rehearing was allowed, and it is now before us upon such reargument. The action was to recover for personal injury to respondent, a brakeman in the employ of appellant, the facts being fully stated in the former opinion. Appellant insists that the record shows the injury resulted from the negligence of the station agent, a coemploye with respondent, and not from the negligence of the appellant. The company having erected upon its right of way the derrick by which the injury was…
2Cases cited2 opinions
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Gates v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1892
3Cited by3 opinions
- Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
- Meier & Lockwood Corp. v. Dakota Live Stock Investment Co.South Dakota Supreme Court · 1923
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906