Patterson v. Jos. Schlitz Brewing Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by Emma Patterson against the Jos. Schlitz Brewing Company to recover damages for the death of plaintiff’s husband who was killed by the falling of a building belonging to defendant. Judgment for plaintiff. Defendant appeals.
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Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by Emma Patterson against the Jos. Schlitz Brewing Company to recover damages for the death of plaintiff’s husband who was killed by the falling of a building belonging to defendant. Judgment for plaintiff. Defendant appeals. The complaint in this case does not. allege nor does the evidence show, that the defendant had any notice of any defect in the building, either before or at the time of the execution of the lease or at any time before it fell, or that the building was leased for the purpose of a dwelling…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff, as widow of Philip Patterson, to recover damages for the death of her husband, who was killed by the falling of a building in the city of Watertown, in June, 1897. Verdict and judgment were in favor of the plaintiff, and the defendant has appealed.
On the trial the defendant objected to the introduction of testimony by the plaintiff for the following reasons: “First, That the complaint does not allege that the defendant had any notice of any defect in the building, either before or at the time of the execution of the lease or afterwards before it fell.…
2Cases cited8 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
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3Cited by15 opinions
- Neuber v. Royal Realty Co.California Court of Appeal · 1948
- Colorado Mortgage & Investment Co. v. GiacominiSupreme Court of Colorado · 1913
- Clauson v. KempfferSouth Dakota Supreme Court · 1991
- Midland Valley R. Co. v. LittlejohnSupreme Court of Oklahoma · 1914
- Walls v. LuekingCourt of Appeals of Tennessee · 1959
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