Lintz v. Holy Terror Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hod. Levi McGee, Judge. Action by Julia A. Lintz against the Holy Terror Mining Company. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The word heir in the statute means children, only. Jordan v. Railroad, 11 S. W. 1013; Haskel v. Louisville, 24 S. W. 879; Noble v. Seattle. 52 Pac. 1013; Hindry v. Holt, 51 Pac. 1002; Comp.
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Appeal from circuit court, Pennington county. Hod. Levi McGee, Judge. Action by Julia A. Lintz against the Holy Terror Mining Company. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The word heir in the statute means children, only. Jordan v. Railroad, 11 S. W. 1013; Haskel v. Louisville, 24 S. W. 879; Noble v. Seattle. 52 Pac. 1013; Hindry v. Holt, 51 Pac. 1002; Comp. State, 5499; Belding v. Railroad, 3 S. D. 369; Smith v. Railroad, 6 S. D. 583. Where a servant is employed or it is his duty to repair machinery, no recovery can be had for its defects.…
1Opinion of the CourtFuller, P. J.
This action by a mother to recover damages for the death of a son, caused, it is claimed,.by the negligence of a mining company, resulted in plaintiff’s favor, and from a judgment of §1,300 the defendant appeals. -
It appears from the record that the son, 34 years of age, and unmarried, was killed while doing some carpenter work for appellant in one of the compartment shafts of the Holy Terror mine, and left surviving him the respondent, two brothers, and a sister. There being no issue, nor wife, nor father living at the time of the accident resulting in death, decedent’s property, both real…
2Cases cited9 opinions
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- Rollins v. . KeelSupreme Court of North Carolina · 1894
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Noble v. City of SeattleWashington Supreme Court · 1898
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
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3Cited by5 opinions
- Olson v. United StatesCourt of Appeals for the Eighth Circuit · 1949
- Satterberg v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- R. M. Stangeland v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- In Re Estate of HoweSouth Dakota Supreme Court · 2004
- In Re Estate of HoweSouth Dakota Supreme Court · 2004