Legal Opinion

Pielke v. Chicago, M. & St. P. R.

Supreme Court Of The Territory Of Dakota

Decided October 10, 1889PublishedCited by 2 opinions

APPEAL from the district court, Richland county; Hon. W. B. McConnell, Judge. This record shows no testimony to supply the requirement in the evidence which rendered the new trial necessary at a former term of this court. 5 Dak. 444, 41 N. W. Rep. 671. See, also, Einney v. N. P. Ry.

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APPEAL from the district court, Richland county; Hon. W. B. McConnell, Judge. This record shows no testimony to supply the requirement in the evidence which rendered the new trial necessary at a former term of this court. 5 Dak. 444, 41 N. W. Rep. 671. See, also, Einney v. N. P. Ry. Co., 3 Dak. 270 ; Star Wagon Co. v. Mathison, id. 233 ; Whittaker’s Smith, Neg. 490; Wyoming v. Detroit Lake & N. E. Co., 26 N. W. Rep. 514; 2 Rorer, Railroads, 788, 789, 796, 807; Garrett v. Wells, Fargo & Co., 15 Wall. 524; Pierce, Railroads, 437; Michigan C. R. R. Co. v. Anderson, 20 Mich. 244. The damages were…

1Opinion of the CourtTempleton, J.

This case has been twice tried. The points raised by the first appeal were decided at the May, A. D. 1889, Term of this court.

The evidence adduced at the two trials was substantially the same, except, at the last trial, the connection between the forenoon and afternoon fire was more closely established, and it only appeared affirmatively that the north end of the forenoon fire was extinguished. A full statement of the facts, with that exception, will be found in the opinion of the chief justice rendered upon the former appeal. See. Pielke v. Railway Co., 5 Dak. 444, 41 N. W. Rep. 669. The…

2Cases cited3 opinions

  1. Knoll v. StateWisconsin Supreme Court · 1882
  2. Wilkinson v. ParrottCalifornia Supreme Court · 1867
  3. Pielke v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889

3Cited by2 opinions

  1. Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
  2. Loiseau v. ArpSouth Dakota Supreme Court · 1908

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