Legal Opinion

Kriens v. McMillan

South Dakota Supreme Court

Decided August 15, 1919No. File No. 4532PublishedCited by 4 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Marvin Kriens, a minor, by H. Kriens, his guardian ad litem, against C. N. McMillan, to recover. damages for injury to plaintiff’s ward -by defendant’s automobile.

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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Marvin Kriens, a minor, by H. Kriens, his guardian ad litem, against C. N. McMillan, to recover. damages for injury to plaintiff’s ward -by defendant’s automobile. From a judgment for defendant, and from an order. denying a new trial,, plaintiff appeals. ' •- (i) To point one of the opinion, Appellant cited: 29 Cyc. 460. ■ • • • (4) To point four, Respondentd cited: Vol. 11, Enc. of Evidence, Page 399; 'Stofer v. Harvey (Mo.) 204 S. W. 587; Hertz v. Chicago Ry. Co. 154 111. App. 80; Sterns v. Evans (Tex.) in…

1Opinion of the CourtGates, J.

Action for damages caused by a collision between plaintiff’s bicycle and defendant’s automobile. Verdict and judgment for defendant. Plaintiff appeals.

The evidence tended to show the following state of facts: Defendant was driving an auto east on the south side of Twenty-Second, street in the city of Sioux Ealls, about 7:3o p. m., June 7, 1918. In the seat with, him was Mr. Frazier; in the back seat, Messrs. Teigen and Munson. The car was a super-six Hudson weighing 3,200 pounds, rated at 40 horse power. Ahead of them were three boys on bicycles going in the same direction. The plaintiff, 12…

2Cases cited2 opinions

  1. West Kentucky Coal Co. v. DavisCourt of Appeals of Kentucky · 1910
  2. Sullivan v. LyonsSouth Dakota Supreme Court · 1913

3Cited by4 opinions

  1. Knuth v. MurphySupreme Court of Minnesota · 1952
  2. Asumendi v. FergusonIdaho Supreme Court · 1937
  3. Gottschalk v. RudesCourt of Appeals of Texas · 1958
  4. Gottschalk v. RudesCourt of Appeals of Texas · 1958

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