Elliott v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal' from' 'Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by J. A. Elliott, against the Chicago, Milwaukee & St. Paul Railway Company, to recover damages for delay in shipment of plaintiff’s livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3.) To point three of the opinion, appellant cited:’ Jones on Evidence, Section 434; Strunk v. Smith, 8 S. D. 407, 66 N. W. 926; Barnard & L. Mfg.
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Appeal' from' 'Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by J. A. Elliott, against the Chicago, Milwaukee & St. Paul Railway Company, to recover damages for delay in shipment of plaintiff’s livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3.) To point three of the opinion, appellant cited:’ Jones on Evidence, Section 434; Strunk v. Smith, 8 S. D. 407, 66 N. W. 926; Barnard & L. Mfg. Co. v. Galloway, 5 S'. D. 205, 58 N. W. 565; Johnson v. Kindred State Bank, 12 N. D. 336, 96 N. W. 588; Ploughton Implement Co. v.…
1Opinion of the CourtWhiting, J.
Plaintiff, the owner of two stallions, shipped the same over the defendant’s line of railway from Aberdeen, S. D., -to Miles City, Mont. He brought this action to recover damages which he claims to have suffered owing to alleged willful and inexcusable delay in such shipment. Verdict and judgment were in favor of the plaintiff, and from such judgment and an order denying -a new trial this appeal was taken.
[1] Appellant contends that it is not liable in any sum whatsoever, for the reason that the delay complained of was justifiable, and that there is no evidence of lack of good faith on the…
2Cases cited1 opinion
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
3Cited by2 opinions
- Tribby v. Chicago & North Western Ry. Co.South Dakota Supreme Court · 1933
- Gifford v. PayneSouth Dakota Supreme Court · 1924