Heidner v. Germschied
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. . Action by Theodore Heidner, as Administrator of the Estate •of Edwinia Heidner, against Philip Germschied, to recover 'damages for killing of plaintiff’s child by defendant automobile driver. From a judgment for plaintiff, andi from an order denying a new trial, defendant appeals. (4) To point four of the opinion, Appellant cited: Zoltovski v. Gezalla, 124, N. W. 527.
1Opinion of the CourtWhitin'G, J.
Action to recover damages resulting from the killing of a child by an automobile driven by defendant. Verdict and judgment for plaintiff. From such judgment, and an order denying a new trial, this appeal was taken.
[1] Appellant objected to the introduction of any evidence upon the ground that the complaint was insufficient to state a cause of action; but he failed to call the attention of the court to any feature wherein the allegations thereof were insufficient. His objection was rightly overruled.
[2] Respondent alleged negligence, in that the automobile was running at an unwarranted rate of…
2Cited by15 opinions
- Linde v. EmmickCalifornia Court of Appeal · 1936
- Moeller v. St. Paul City Railway Co.Supreme Court of Minnesota · 1944
- State v. BoschMontana Supreme Court · 1952
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Andrews v. MoerySupreme Court of Oklahoma · 1951
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