Bridenbaugh v. McElrath
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E-Taylor, Judge. Action 'by U. G. Bridenbaugh against C. A. McElrath, for recovery for loss from failure of defendant to insure buildings. From a judgment for plaintiff, and from1 an order denying- a new trial, defendant appeals.
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Appeal from Circuit Court, Beadle County. Hon. Alva E-Taylor, Judge. Action 'by U. G. Bridenbaugh against C. A. McElrath, for recovery for loss from failure of defendant to insure buildings. From a judgment for plaintiff, and from1 an order denying- a new trial, defendant appeals. (3) Under point three of the opinion, Appellant submitted that: This instruction was clearly prejudicial to defendant; it impliedly instructed the jury that it was the duty of defendant to procure this information in some other way, if possible, even though the plaintiff had agreed to furnish it in the manner…
1Opinion of the CourtWhiting, J.
Plaintiff alleged that defendant, as his agent, agreed to procure insurance upon a certain barn 'belonging to plaintiff; that he failed to procure such insurance; that such bam was burned; and that plaintiff was damaged thereby to the amount for which such barn was to have been insured. Defendant entered a general denial. The cause was tried, and verdict and judgment were for plaintiff in an amount less than the amount claimed. From such judgment and the order denying a new trial, defendant appealed.
[1,2] Appellant’s brief contains 32 “specifications of error” •that formed part of the…
2Cited by2 opinions
- State v. DammSouth Dakota Supreme Court · 1933
- Lien v. ThomsonSouth Dakota Supreme Court · 1921