Davis v. Holy Terror Mining Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Lwi McGKR, Judge. Action by Minot Davis against the Holy Terror Mining Company. From a judgment for plaintiff, defendant appeals. Damages should be compensatory, and no more. Section 2293 C. C. 1903; Peterson Railway Accident Law, p. 468-9 and 70; Torske v. Com.
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Appeal from Circuit Court, Pennington County. Hon. Lwi McGKR, Judge. Action by Minot Davis against the Holy Terror Mining Company. From a judgment for plaintiff, defendant appeals. Damages should be compensatory, and no more. Section 2293 C. C. 1903; Peterson Railway Accident Law, p. 468-9 and 70; Torske v. Com. Lumber Co., 90 N. W. 532; Moore v.- Lumber Co., 29 S. 990; Barker v. City of Madison, 22 N. W. 141; Abbott- v. Toliver, 36 N. W. 622; A. T. & S. F. R. Co., v. Brown 26 Kan. 443; Collins v. the City of C. 0., 35 Iowa 432; Cooper v. Mills County, 28 N. W. 633; K. P. R. R. Co., v. Pevey,…
1Opinion of the CourtHaney, J.
This is an action to recover for injuries sustained by the plaintiff while employed in the defendant’s mine. The jury returned a verdict for $10,000, judgment was entered thereon, defendant’s application for a new trial denied, and this appeal taken.
The issues involved are thus stated by the learned circuit court in .its charge to the jury, to which statement no exception was taken : “That the defendant company had in operation for some time prior to October 22, 1901, and up to within a few minutes before the injury of the plaintiff, certain machinery for the purpose of supplying air to the…
2Cases cited6 opinions
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Hedlun v. Holy Terror Min. Co.South Dakota Supreme Court · 1902
- State v. La CroixSouth Dakota Supreme Court · 1896
- Muller v. FlavinSouth Dakota Supreme Court · 1900
- Murray v. LeonardSouth Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kyllo v. PanzerSouth Dakota Supreme Court · 1995
- State v. BickfordNorth Dakota Supreme Court · 1913
- Matter of Certif. of Questions of LawSouth Dakota Supreme Court · 1996
- Weidner v. LinebackSouth Dakota Supreme Court · 1966
- Tufty v. Sioux Transit Co.South Dakota Supreme Court · 1945
21 more not listed; retrieve them via the Exa API.