Fallon v. Rapid City
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. W. G. Rice: Judge. Action by Myrtle Harvey against the city of Rapid City, Plaintiff died after trial, and Charles M. Fallon, as administrator. was substituted. From a judgment for plaintiff, defendant appeals. Plaintiff’s declarations that form no part of res geste are not admissible as evidence.
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Appeal from circuit court, Pennington county; Hon. W. G. Rice: Judge. Action by Myrtle Harvey against the city of Rapid City, Plaintiff died after trial, and Charles M. Fallon, as administrator. was substituted. From a judgment for plaintiff, defendant appeals. Plaintiff’s declarations that form no part of res geste are not admissible as evidence. Tenny v. Rapid City, 17 S. D. 282 96 N. W. 96; Jones on Evidence, § 236; Dundas v. The City of Lansing, 75 Mich. 499; Jones on Evidence, § 348; Tennis v. Interstate Etc. R. R. Co., 25 Pac. § 876; Atchinson Etc. R. R. Co. v. Logan, 70 Pac. 78;…
1Opinion of the Court
Fuller J.
There was judgment for plaintiff in this action to recover damages for an alleged injury sustained by Myrtle Harvey on a defective sidewalk, and the defendant city appeals.
The death of the plaintiff having been suggested since the trial of the case; the administrator o.f her estate was substituted as respondent on appeal. It appears from the evidence offered in support of the complaint that Miss Harvey was walking from her place of residence in Rapid City to the post office at about the usual time for the arrival of the train, and shortly before dark, on the 27th day of August, 1901.…
2Cases cited13 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Sullivan v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1885
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3Cited by6 opinions
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- Ætna Life Ins. v. QuinleyCourt of Appeals for the Eighth Circuit · 1937
- Mulroy v. JacobsonNorth Dakota Supreme Court · 1913
- Jungworth v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1909
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