Lidel v. South Dakota Cent. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Lake County. Hon. Joseph W. Jones, Judge. Action by Charles Lidel against 'the South Dakota Central Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtWhiting, P. J.
This action was commenced .in justice court, and 'a new trial thereafter had in circuit court. Plaintiff sought to recover the value of a cow killed upon the right of way of defendant company by one of defendant’s engines. No question was raised upon the pleadings. It appears that defendant’s line of railway passed through section. 34 in a certain township in Lake county, and from there .in a southerly direction across section 3 in said township. Plaintiff offered oral testimony to. show .that there was a public highway between said sections, which evidence was objected to upon the ground…
2Cases cited4 opinions
- Lawrence v. EwertSouth Dakota Supreme Court · 1908
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Lowe v. East Sioux Falls Quarry Co.South Dakota Supreme Court · 1910
- Wold v. South Dakota Central Railway Co.South Dakota Supreme Court · 1909
3Cited by2 opinions
- Bekker v. White River Valley Ry. Co.South Dakota Supreme Court · 1911
- Huntimer v. South Dakota Central Railway Co.South Dakota Supreme Court · 1913