Bailey v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action by George W. Bailey against tbe Chicago, Milwaukee & St. Paul Eailway Company to recover damages for destroying plaintiff’s trees and shrubbery. From a judgment for plaintiff defendant appeals. The facts are stated in the opinion. The measure of damages for the destruction of standing trees is the difference in the value of the land before and after the trees are destroyed.
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Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action by George W. Bailey against tbe Chicago, Milwaukee & St. Paul Eailway Company to recover damages for destroying plaintiff’s trees and shrubbery. From a judgment for plaintiff defendant appeals. The facts are stated in the opinion. The measure of damages for the destruction of standing trees is the difference in the value of the land before and after the trees are destroyed. Carner v. Eailroad, 45 N. W.713; Hayes v. Eailroad, 47 N. W. 261; Argotsinger v. Vines, 82 N. Y. 308; Carsh W Eailroad, 22 Minn. 118; 3 Suth. Dam.…
1Opinion of the CourtKellam, J.
This action was brought to recover of the defendant company damages for negligently burning and destroying plaintiff’s trees and shrubbery. He recovered judgment, and defendant appeals., , ■ On the trial the court adopted as the measure of damages the value of the trees and shrubbery so destroyed. ■ The appellant claims the proper rule was the difference in value of the real estate, of which the trees and shrubbery were a part, immediately before and immediately after the injury, and cites, in support, Carner v. Railway Co., (Minn.) 45 N. W. Rep. 713, and Hayes v. Railway Co., (Minn.) 47 N.…
2Cases cited6 opinions
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- State v. LeehmanSouth Dakota Supreme Court · 1891
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Carner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Hayes v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- White v. YawkeySupreme Court of Alabama · 1895
- Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
- Wallahan v. Black Hills Electric Coop, Inc.South Dakota Supreme Court · 1994
- Louisville & Nashville R. R. v. BeelerCourt of Appeals of Kentucky · 1907
12 more not listed; retrieve them via the Exa API.