Jeansch v. Lewis
South Dakota Supreme Court
Appeal from district and circuit courts, Kingsbury comity. Action for damages to personal property alleged to have been caused by the negligence of defendant. Verdict and judgment for plaintiff. Defendant appeals. Affirmed. Bennett, J., dissenting. Negligence is not to be presumed from the bare occurrence of an accident but must be proved. As there is no evidence showing negligence on the part of defendants the court erred in refusing to direct a verdict in their favor.
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Appeal from district and circuit courts, Kingsbury comity. Action for damages to personal property alleged to have been caused by the negligence of defendant. Verdict and judgment for plaintiff. Defendant appeals. Affirmed. Bennett, J., dissenting. Negligence is not to be presumed from the bare occurrence of an accident but must be proved. As there is no evidence showing negligence on the part of defendants the court erred in refusing to direct a verdict in their favor. Sikes v. Sheldon, 13 N. W. 53; Joy v. Morgan, 28 N. W. 237, Mynning v. Railroad,26 N. W. 514; Shearman & Redfield on Neg., §…
1Opinion of the CourtCorson, P. J.
This is am action for damages alleged to have been caused by the negligence of defendants. The action was tried before a jury, and a verdict and judgment rendered for plaintiff. A motion for a new trial was made and overruled. From the judgment and order overruling the motion for a new trial, defendants appeal to this court. Three questions are presented by the assignment of errors, namely: (1) Does the verdict, in the form it was rendered by the jury, sustain the judgment? (2) did the circuit court err in denying the motion for a new trial without hearing the motion upon the merits? and (3)…
2Cases cited2 opinions
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
3Cited by41 opinions
- Bakker v. IrvineSouth Dakota Supreme Court · 1994
- Drew v. LawrenceSouth Dakota Supreme Court · 1916
- Quinn v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1909
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Fisk v. HicksSouth Dakota Supreme Court · 1912
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