Stratton v. Sioux Falls Traction System

This case was before this court on an appeal by plaintiff in 1925. The opinion is reported in 49 S. D. 113, 206 N. W. 466. The judgment in favor of defendant upon the first trial was reversed because of the admission of improper evidence held to be prejudicial to plaintiff. The case was again tried, and now comes before this court upon an appeal by defendant from a judgment and an order denying a new trial.

The action is brought under article 1 of chapter 7, Rev. Code 1919, sections 2929-2932, inclusive, by the administrator of the estate of Clarence Stratton, deceased, to recover of defendant…