Hutchinson v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. J. O. An DREWS, Judge. Action to recover the value of live stock alleged to have been killed by the negligence of defendant. Plaintiff had judgment, defendant appeals. The facts are stated in the opinion. This case is so nearly in line with Hebron v. C., M. & St. P. Ry. Co., 4 S. D. 538, 57 N. W. 494, and Harrison v. Ry.
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Appeal from circuit court, Grant county. Hon. J. O. An DREWS, Judge. Action to recover the value of live stock alleged to have been killed by the negligence of defendant. Plaintiff had judgment, defendant appeals. The facts are stated in the opinion. This case is so nearly in line with Hebron v. C., M. & St. P. Ry. Co., 4 S. D. 538, 57 N. W. 494, and Harrison v. Ry. Co., 6 S. D. ,100, 60 N. W. 405, that further citation of authorities upon the general questions involved seems unnecessary. Appellant is not in a situation to present the matter of the sufficiency of the evidence, for the reason…
1Opinion of the CourtCorson, P. J.
This was an action to recover the value of certain live stock, alleged to have been killed by the negligence of the defendant. Judgment for plaintiff, and the defendant appeals.
Plaintiff made out a prima facie case by proof that his stock was killed by the train of the defendant, one steer being killed in October, and the other animals in .November, 1892. The defendant, to rebut the presumption of negligence arising from the killing of the live stock in November, and to disprove negligence on its part, called as witnesses its engineer, conductor and two brakemen, in charge of the train of the…
2Cases cited1 opinion
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
3Cited by3 opinions
- Kielbach v. Chicago, M. & St. P. Ry.South Dakota Supreme Court · 1900
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Schimke v. Chicago, Milwaukee & St. Paul R'y. Co.South Dakota Supreme Court · 1899