Meuer v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. J. 0. Andrews, Judge. Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The plaintiff had judgment and defendant appeals. The facts are stated in the opinion. In absence of evidence to the contrary, tbe presumption is that the law of another state relative to a contract is the same as that in force in this state. 19 Am. E. Enc.
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Appeal from circuit court, Day county. Hon. J. 0. Andrews, Judge. Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The plaintiff had judgment and defendant appeals. The facts are stated in the opinion. In absence of evidence to the contrary, tbe presumption is that the law of another state relative to a contract is the same as that in force in this state. 19 Am. E. Enc. Law, 47; Walsh v. Dart, 12 Wis. 635; Flota v. Mulhall, 72 Mo. 522; Nese v. Inc. Co., 55 la. 604; Shumway v. Leskey, 8 Pac. 12. The validity of the contract is…
1Opinion of the CourtCorson, P. J.
In March, 1887, the plaintiff shipped from Avoca, Wis., a car load of live stock and emigrant movables over defendant’s road, consigned to himself at Bristol, D. T. The car containing the freight arrived at Bristol, and the plaintiff, while removing the live stock from the car, was injured, to recover for which this action is brought. The live stock and movables were shipped under a special contract, by the terms of which the plaintiff was permitted to pass on the train to care for and look after his stock. The material parts of the contract, so far as they affect this case, are as follows:
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2Cases cited17 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Norris v. HarrisCalifornia Supreme Court · 1860
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Shumway v. LeakeyCalifornia Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Summerlin v. Seaboard Air Line RailwaySupreme Court of Florida · 1908
- Chicago & North Western Transportation Co. v. v & R Sawmill, Inc.District Court, D. South Dakota · 1980
- Commercial Bank v. JacksonSouth Dakota Supreme Court · 1895
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