Jungworth v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Davidson County. Hon. Frank B. Smith, Judge. Action by John Jungwo-rth against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtMcCOY, J.
In this case the plaintiff, who- is the appellant, brought suit against the defendant, Chicago, Milwaukee & St. *343Paul Railway Company, alleging the negligent killing, by "a trhin of defendant, of three head of plaintiff’s cattle. The defendaht answered, denying generally negligence on the part of defendant, and also affirmatively alleging contributory negligence’ on the part of plaintiff, and also' alleging that defendant and its servants used due care in the running and management of its said train of cars, and was cautious and careful in every respect at tlie time of the alleged injury to…
2Cases cited4 opinions
- Chicago West Division Railway Co. v. BeckerIllinois Supreme Court · 1889
- La Rue v. St. Anthony & D. Elevator Co.South Dakota Supreme Court · 1893
- Fallon v. Rapid CitySouth Dakota Supreme Court · 1904
- Wheaton v. Liverpool & London & Globe Ins.South Dakota Supreme Court · 1905
3Cited by3 opinions
- Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
- Hjermstad v. Petroleum Carriers, Inc.South Dakota Supreme Court · 1952
- Drier v. Perfection, Inc.South Dakota Supreme Court · 1977