Bailey v. Chicago, St. P., M. & O. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by Anna O. Bailey against the Chicago, St. Paul, Minneapolis & Omaha Railway Company, impleaded with the City of Sioux Falls. Judgment for -plaintiff, and the Railway Company appeals. There is no allegation in the complaint that the injury complained of is a nuisance or that it would become a nuisance. The complaint does not ask to- prevent the creation of a nuisance.
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Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by Anna O. Bailey against the Chicago, St. Paul, Minneapolis & Omaha Railway Company, impleaded with the City of Sioux Falls. Judgment for -plaintiff, and the Railway Company appeals. There is no allegation in the complaint that the injury complained of is a nuisance or that it would become a nuisance. The complaint does not ask to- prevent the creation of a nuisance. In such a case the character of the nuisance must be set forth in the complaint as well as the character of the injury that will result therefrom.…
1Opinion of the CourtMcCOY, J.
This action was brought by plaintiff and respondent in the circuit court of Minnehaha county against the appellant, the Chicago, St. Paul, Minneapolis & Omaha Railway Company, and against the city of Sioux Falls, jointly, to recover damages for trespass and to obtain an injunction. Upon the trial findings of fact and conclusions of law were made in favor of respondent, and she was awarded damages of $125 against the city of Sioux Falls 'alone, and an injunction restraining both the city and the railway company from permitting further accumulations of surface water to flow along the right of…
2Cases cited3 opinions
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Johnson v. ChapmanWest Virginia Supreme Court · 1897
- Hastings v. DevlinCalifornia Supreme Court · 1870
3Cited by1 opinion
- Habicht v. City of Wessington SpringsSouth Dakota Supreme Court · 1922