Wright v. Sioux Falls Traction System
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S'. H. Wright against the Sioux Falls Traction System. From an order granting defendant a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S'. H. Wright against the Sioux Falls Traction System. From an order granting defendant a new trial, plaintiff appeals. To attempt taking passage upon a car running at such a high rate of speed as to be obviously and manifestly dangerous might become negligence per se, but where the speed is not so great as 1t> clearly show carelessness on the part of the intending passenger it is always purely a question for the jury. Atchinson Top. etc. Ry. Co. v. Holloway, 71 Ran. 1; C. & P. St. Ry. Co. v. Meixncr, 160 111.…
1Opinion of the CourtSmttpi, P. J.
Appeal from an order of. the circuit court of Minnehaha county setting aside -a verdict and judgment for plaintiff, and granting a new trial, in an action for personal injuries.
[1] The order granting the new trial is expressly limited to lhe'ground “that the evidence was not sufficient to raise the inference of negligence on the part of the defendant or its agents or servants, and for that reason defendant’s motion for a direction of a verdict should have been granted.” The motion for a new trial was upon two grounds: “Eirst. There' was not sufficient evidence of anr- negligence on the part…
2Cases cited8 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Boulfrois v. United Traction Co.Supreme Court of Pennsylvania · 1904
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3Cited by3 opinions
- Hunt v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Iverson v. LookSouth Dakota Supreme Court · 1913
- Mc Linn v. NollSouth Dakota Supreme Court · 1937