Allison v. Chicago, St. Paul, Minneapolis, & Omaha Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha Count}7. Hon. Joseph W. Jones, Judge. Action by Wirt H. Allison, against' the Chicago, St. Paul, Minneapolis and Omaha Railway Go>., for damages to plainfifFs automobile resulting from- its being ran into' by defendant’s engine and train. Prom a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: McBeth v. A. F. & S. F. R. R. Co. 148 Pac.
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Appeal from Circuit Court, Minnehaha Count}7. Hon. Joseph W. Jones, Judge. Action by Wirt H. Allison, against' the Chicago, St. Paul, Minneapolis and Omaha Railway Go>., for damages to plainfifFs automobile resulting from- its being ran into' by defendant’s engine and train. Prom a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: McBeth v. A. F. & S. F. R. R. Co. 148 Pac. (Kan.) 621; Ry. Co. v. Harvey, 228 U. S. 319; Ry. Co. v. Powers, 149 U. S. 43; Gast v. Ry. Co. 147 N. W. (N. D.) 796. (2) To.point…
1Opinion of the CourtMoCOY, J.
[1,2] This is an appeal, by the defendant, from a judgment awarding damages against it for.the destruction of plaintiff’s automobile on a railway crossing in Minnehaha county. The accident occurred at about 9:45 o’clock in the evening- of July 14, 1913, and, at the time of the accident, the automobile was standing across the main track of defendant’s railway on a public highway crossing and at a point about 30 to 40 feet west of defendant’s depot platform, in the town of Ellis. Plaintiff claims that the collision resulted from the negligence of the engineer in not stopping the locomotive…
2Cases cited4 opinions
- Harding v. American Glucose Co.Illinois Supreme Court · 1899
- Doyle v. WileyIllinois Supreme Court · 1854
- Miller v. McDonaldWisconsin Supreme Court · 1861
- Sleep v. HeymannWisconsin Supreme Court · 1883
3Cited by1 opinion
- Sioux Falls Traction System v. Great Northern Railway Co.South Dakota Supreme Court · 1917