McKeever v. Homestake Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Action to recover damages for the death of plaintiff’s husband. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. All inferences which could be legitimately drawn from any of the evidence were for the jury and it was error for the court to withdraw the case from the jury if there was any substantial conflict in the evidence.
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Appeal from circuit court, Lawrence county. Action to recover damages for the death of plaintiff’s husband. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. All inferences which could be legitimately drawn from any of the evidence were for the jury and it was error for the court to withdraw the case from the jury if there was any substantial conflict in the evidence. Marshall v. Mining Co., 1 S. D. 355, 47 N. W. 290; Seder v. Railroad, 13 S. W. 714; Sweet v. Railroad, 6 S. D. 281, 60 N. W. 77; Haugen v. Railroad, 3 S. D. 394, 53 N. W." 778; Trihay ,v. Min. Co.,…
1Opinion of the CourtHaney, J.
In operating its gold mines near Lead City, defendant made use of a vertical shaft, about 500 feet in depth, divided into what were designated as the north and south compartments. There was a cage in each compartment, which was raised by means of a steam engine at the surface, and lowered by means of a brake near the engine. There were two bells in the hoist, to each of which was attached a wire cord extending the length of the shaft, and passing through each compartment. There was a gong from which a hemp rope extended to either end of the shaft. There were stations in the shaft about 100…
2Cases cited6 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Harrison v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
- Haugen v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Star Wagon Co. v. MatthiessenSupreme Court Of The Territory Of Dakota · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Watters v. DanceySouth Dakota Supreme Court · 1909
- Harris v. Midwest Oil Co.South Dakota Supreme Court · 1940
- Wiggins v. Pay's Art StoreSouth Dakota Supreme Court · 1924
12 more not listed; retrieve them via the Exa API.