Kelsey v. Chicago & North Western Railway Co.
South Dakota Supreme Court
Appeal from district court, Brookings county; Hon. James Spencer, Judge. Action to recover for property destroyed by fire. Judgment for plaintiff. From that judgment defendant appeals. The material facts are stated in the opinion, Although respondent was permitted by the lower court to amend his complaint he failed to do so. This was fatal. When allowed ti amend a party must serve his amended pleading. § 4939 Comp. Laws. The law in regard to amended pleadings is mandatory.
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Appeal from district court, Brookings county; Hon. James Spencer, Judge. Action to recover for property destroyed by fire. Judgment for plaintiff. From that judgment defendant appeals. The material facts are stated in the opinion, Although respondent was permitted by the lower court to amend his complaint he failed to do so. This was fatal. When allowed ti amend a party must serve his amended pleading. § 4939 Comp. Laws. The law in regard to amended pleadings is mandatory. Bode v. New England Investment Co , 42 N. W. 661. The respondent cannot amend in this supreme court. Hooper v. Wells, 27…
1Opinion of the Court
Bennett J.
This action was brought in a justice’s court to recover the value' of 30 tons of hay destroyed by fire alleged to have been started on the right of way of the Chicago & Northwestern Railway on the 22d day of October, A. D. 1885, in Brookings cdunty. Plaintiff alleges that the fire was caused by the negligence and carelessness of defendant company in permitting dry and combustible material to gather and remain upon its right of way until ignited by sparks or cinders from the locomotive of a passing freight train going west on said day and that said fire communicated with the dry…
2Cases cited20 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
- Daniels v. McGinnisIndiana Supreme Court · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Cincinnati, Hamilton & Dayton Railway Co. v. ArmuthIndiana Supreme Court · 1913
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Smith v. Northern Pacific RailroadNorth Dakota Supreme Court · 1892
20 more not listed; retrieve them via the Exa API.