Legal Opinion

Northwestern Public Service Co. v. Chicago & North Western Railway Co.

South Dakota Supreme Court

Decided August 31, 1973No. File 10964PublishedCited by 15 opinions

1Opinion of the Court

DOYLE, Justice.

This case has been before this court on a prior occasion. Northwestern Public Service Company v. Chicago and North Western Railway Company and Ellwein, 1969, 84 S.D. 271, 170 N.W.2d 351; rehearing denied October 8, 1969. The facts as set forth in the above cited opinion will not be reiterated here. In accordance with this court’s mandate, this action was remitted to the circuit court where the matter came to trial upon amended pleadings. In effect, the case, as amended, is now one on rescission of the agreement between the parties with restoration of the real property to the…

2Cases cited8 opinions

  1. Baker v. JewellSouth Dakota Supreme Court · 1959
  2. Eberle v. McKeownSouth Dakota Supreme Court · 1968
  3. Eggers v. EggersSouth Dakota Supreme Court · 1961
  4. Breneman v. AuneSouth Dakota Supreme Court · 1950
  5. Northwestern Public Service Co. v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1969

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3Cited by15 opinions

  1. United States of America, Acting Through the Small Business Administration v. C.E. Light, A/K/A Charles E. Light, Jr.Court of Appeals for the Eighth Circuit · 1985
  2. Ralph E. Mueller and Eugene D. Devane, Appellees-Cross-Appellants v. Hubbard Milling Company, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1978
  3. City of Watertown v. Dakota, Minnesota & Eastern RailroadSouth Dakota Supreme Court · 1996
  4. Harksen v. PeskaSouth Dakota Supreme Court · 1998
  5. Carr v. Benike, Inc.South Dakota Supreme Court · 1985

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