Smith v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Bou Homme county. Hon. E. G. Smith, Judge. Action against the defendant railroad company for damages by fire to personal property, alleged to have been caused by defendant’s negligence. Judgment for plaintiff. Defendant appeals. Where a party is found to have no cause of complaint under his pleadings, or facts are found that disaffirm his right of recovery, the other party is entitled to judgment. 3 Bl.
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Appeal from circuit court, Bou Homme county. Hon. E. G. Smith, Judge. Action against the defendant railroad company for damages by fire to personal property, alleged to have been caused by defendant’s negligence. Judgment for plaintiff. Defendant appeals. Where a party is found to have no cause of complaint under his pleadings, or facts are found that disaffirm his right of recovery, the other party is entitled to judgment. 3 Bl. Com. 393; Kierle v. Shriver. 11 Gill. & J. 405; Young v. Bragg, 18 Minn. 121; 1 Black Judg. § 103. It was error-under the pleadings and evidence to take the issue of…
1Opinion of the CourtCorson, J.
This was an action to recover damages alleged to have been sustained by the plaintiff through the negligence of the defendant, in permitting sparks to" escape from its engine used on the line of its railway, whereby a quantity of hay belonging to the plaintiff was destroyed. Verdict and judgment for plaintiff. Defendant appeals.
1. The first question presented is as to the effect of certain special findings of the jury, made in connection with their general verdict, which are as follows: “Special: (1) Did the fire that destroyed plaintiff’s hay start from sparks emitted by defendant’s engine?…
2Cases cited13 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Sanders v. ReisterSupreme Court Of The Territory Of Dakota · 1875
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3Cited by6 opinions
- Bartak v. Bell-Galyardt & Wells, Inc.Court of Appeals for the Eighth Circuit · 1980
- Chenoweth v. Southern Pac. Co.Oregon Supreme Court · 1909
- Alendal v. MadsenSouth Dakota Supreme Court · 1937
- Kelley v. AndersonSouth Dakota Supreme Court · 1901
- Carol A. Bartak, Special Administratrix for the Estate of John A. Bartak, Deceased v. Bell-Galyardt & Wells, Inc., Hammel-Green-Abrahamson, Inc. Reid Burton Construction, Inc., Leslie Koss, Curran Nielson, D/B/A Nielson Roofing A/K/A Curran v. Nielson Painting and Decorating, Inc., (Two Cases). Carol A. Bartak, Special Administratrix for the Estate of John A. Bartak, Deceased v. Rapid City Area School District No. 54 Bell-Galyardt & Wells, Inc. Hammel-Green-Abrahamson, Inc. Reid Burton Construction Co., Inc., Leslie Koss, Kinning and Reil, Inc. Curran Nielson, D/B/A Nielson Roofing A/K/A Curran v. Nielson Painting and Decorating, Inc., Carol A. Bartak, Special Administratrix for the Estate of John A. Bartak, Deceased v. Rapid City Area School District No. 54, Bell-Galyardt & Wells, Inc., Hammel-Green-Abrahamson, Inc. Reid Burton Construction, Inc., Leslie Koss, Kinning and Reil, Inc., Curran Nielson, D/B/A Nielson Roofing A/K/A Curran v. Nielson Painting and Decorating, Inc., Carol A. Bartak, Special Administratrix for the Estate of John A. Bartak, Deceased v. Rapid City Area School District No. 54 Bell-Galyardt & Wells, Inc. Hammel-Green-Abrahamson, Inc., Reid Burton Construction Co., Inc., Leslie Koss and Kinning and Reil, Inc., Curran Nielson, D/B/A Nielson Roofing A/K/A Curran v. Nielson Painting and Decorating, Inc.Court of Appeals for the Eighth Circuit · 1980
1 more not listed; retrieve them via the Exa API.