House v. Chicago & Northwestern Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank A. House against the Chicago- & Northwestern Railway Company, for damages for loss of a trunk and contents as baggage. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank A. House against the Chicago- & Northwestern Railway Company, for damages for loss of a trunk and contents as baggage. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Defendant’s objection that the complaint did not state facts sufficient to constitute a cause of a.ctio-n should have been sustained for the reason that it was necessary for plaintiff to plead and prove a demand in writing upon the defendant for the money damages claimed to -have been sustained, as a condition…
1Opinion of the CourtWhiting, J.
This is an appeal from' a judgment in favor of the plaintiff and from- the order denying a new trial. It is alleged in the complaint, in substance, that on -December 10, 1908, at Blunt, S. D., the defendant in its capacity as common carrier, undertook and agreed to transport the plaintiff and 'his baggage from said Blunt to Sioux City, in the state of Iowa, and then and •there, for the purpose of transportation, received the plaintiff into its care with his baggage, consisting of one trunk and contents, of the alleged value of $488.30; that the defendant failed and neglected to transport said…
2Cases cited5 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Ouimit v. HenshawSupreme Court of Vermont · 1863
- Dexter v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1870
- Thompson v. San Antonio & Aransas Pass Railway Co.Court of Appeals of Texas · 1895
- Missouri, Kansas & Texas Railway Co. v. MeekCourt of Appeals of Texas · 1903
3Cited by5 opinions
- Hamilton v. Baggage & Omnibus Transfer Co.Oregon Supreme Court · 1920
- Brown v. Western Union Telegraph Co.Court of Appeals of Georgia · 1929
- Bush v. BeauchampSupreme Court of Arkansas · 1918
- House v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1913
- Northern Montana Mustard Growers Co-operative v. BrittonMontana Supreme Court · 1955