Gerke v. Zimmerman
South Dakota Supreme Court
Appeal from Circuit Court, Corson County. Hon. Raymond L. Diuuman, Judge. Action 'by Hugo Gerlce, against D. Zimmerman, to recover damages from injury to plaintiff while operating defendant’s hay-stacker. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Corson County. Hon. Raymond L. Diuuman, Judge. Action 'by Hugo Gerlce, against D. Zimmerman, to recover damages from injury to plaintiff while operating defendant’s hay-stacker. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited: American Brewing Co. v. Talbot, (Mo.) 42 S. W. 679; C., B. & Q. R. Co. v. S'halst-rom, 195 Fed. 725; Persinger’s Adrnx. v. Alleghany Ore & Iron Co., (Va.) 46 S. E. 325; Coyle v. Griffing Iron 'Co., (N. J.) 44 Atl. 665; Cregan v. Marston, 126 N. Y. 568,…
1Opinion of the CourtP'Olley, J.
Plaintiff in this action had judgment for personal injuries received while operating a haystacker for defendant, and the injury -is claimed to have been the result of the defective condition of the stacker at the time of the injury. The stacker in question is composed of a wooden frame resting upon the ground and held in place by stakes driven into the ground. On either side of the end of this frame, next to the stack, are fastened two long strips of wood, called the “loading arms,” and, upon the outer ends of which are fastened certain wooden arms or fingers, called the “loading fork.” This,…
2Cases cited3 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Iverson v. LookSouth Dakota Supreme Court · 1913
- Illinois Cent. R. Co. v. BrownSupreme Court of the United States · 1895
3Cited by1 opinion
- Starnes v. StofferahnSouth Dakota Supreme Court · 1968