Alt v. Chicago & Northwestern Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action for personal injuries by Adelbert Alt against the Chicago & Northwestern Railway company. There was a verdiet for defendant, and from an order granting a new trial it appeals. To raise the objection to a verdict that the evidence is insufficient to justify it, the party raising the objection must specify the particulars in which the evidence is insufficient.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action for personal injuries by Adelbert Alt against the Chicago & Northwestern Railway company. There was a verdiet for defendant, and from an order granting a new trial it appeals. To raise the objection to a verdict that the evidence is insufficient to justify it, the party raising the objection must specify the particulars in which the evidence is insufficient. The respondent having failed both in his notice of intention to move for a new trial and in his motion for a new trial to specify the particulars in which the…
1Opinion of the CourtFuller, J.
The plaintiff and respondent herein brought an action against the defendant and appellant to recover $5,000 damages, which he claims to have sustained by reason of an injury caused by the alleged negligence of defendant’s servants in running an engine over one of plaintiff’s feet at a time when he was lawfully upon defendant’s right of way and engaged in unloading a car of coal. The defendant denies that the injury was caused in any manner by its negligence, and denies that plaintiff -was damaged in the sum of 5,000, or in any other sum whatever, and that the injury, if any, was caused by the…
2Cases cited2 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
3Cited by17 opinions
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Klinge v. Southern Pac. Co.Utah Supreme Court · 1936
- Distad v. ShanklinSouth Dakota Supreme Court · 1898
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
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