Ulrick v. Dakota Loan & Trust Co.
South Dakota Supreme Court
Appeal from district court, Codington county. This case was decided at the October term, Í891, of the court, and is reported in 2 S. D. 285. Appellant petitions for a rehearing. If the manner in which the excavation was made was not the proximate cause of the injury the plaintiff cannot recover. Raich v. City, 66 Ain.
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Appeal from district court, Codington county. This case was decided at the October term, Í891, of the court, and is reported in 2 S. D. 285. Appellant petitions for a rehearing. If the manner in which the excavation was made was not the proximate cause of the injury the plaintiff cannot recover. Raich v. City, 66 Ain. Dec. 186; Tutein v. Hurley, 98 Mass. 211; McDonald v. Snelling, 96 Mass. 290; Insurance Co. v. .Tweed, 7 Wall. 44; Rail•road v. Kellogg, 94 U. S. 469; Sheffer v. Railroad, 105 U. S. 249; Hoag v. Railroad, 85 Pa. St. 293; McClary v. Railroad, 3 Neb. 41; Denny v. N. Y. Cent. 13…
1Opinion of the CourtKellam, P. J.
This case was decided at the October term, 1891, of this court, and is reported in 2 S. D. 285. Appellant asks for a rehearing for the purpose of urging upon the attention of the court that, if any negligence whatever was shown on the part of appellant, it was not such negligence as was complained of in the complaint, nor such as would make appellant liable for ensuing damages; and, further, that an incorrect measure of damages was adopted by the trial court, and approved by this court. We will examine the complaint and the evidence only far enough to see if the court has fallen into the…
2Cases cited8 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ward v. LaCreek Electric AssociationSouth Dakota Supreme Court · 1968
- Northwestern Bell Telephone Co. v. Henry Carlson Co.South Dakota Supreme Court · 1969
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1891
- Vyse v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1904
- Wigglesworth v. BrodskySuperior Court of Delaware · 1920
2 more not listed; retrieve them via the Exa API.