Halseth v. South Dakota Central Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Lake County. Hon. Joseph W. Jones, Judge. Action by August Halseth against the South Dakota Central Railway Company, to recover damages for hogs killed by defendant’s -train'. From 'a judgment for plaintiff, -defendant appeals. (1) Under point one of the opinion, Appellant submitted that: There is' no evidence that the bo-gs killed belonged to- the plaintiff.
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Appeal from Circuit Court, Lake County. Hon. Joseph W. Jones, Judge. Action by August Halseth against the South Dakota Central Railway Company, to recover damages for hogs killed by defendant’s -train'. From 'a judgment for plaintiff, -defendant appeals. (1) Under point one of the opinion, Appellant submitted that: There is' no evidence that the bo-gs killed belonged to- the plaintiff. Respondent submitted that: The fact -of ownership having, been found' by the jury in favor of plaintiff, is conclusive upon this point. (2) Under point two of the opinion, Respondent submitted: This conflict of…
1Opinion of the CourtGate'S, J.
Action for damages for hogs killed by defendant’s train. The jury found the value of the bogs to be $87.50. The court rendered judgment for double that amount together with ■costs and disbursements. From the 'judgment defendant appealed urging three principal grounds of error: (a) the uncon'stitutionality of the double damage statute (chap. 218, Raws -of 1907) ; (b) the. refusal to direct the verdict because of the absence of evidence as to the ownership of the bogs; (c) that plaintiff was and that de-dendant was not negligent.
Since the entry of judgment and the preparation of appellant’s…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. PoltSupreme Court of the United States · 1914
- Polt v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1910
3Cited by1 opinion
- Berens v. Chicago, Milwaukee, St. Paul & Pacific R. Co.South Dakota Supreme Court · 1963