Mattoon v. Fremont, E. & M. V. R.
South Dakota Supreme Court
Appeal from Pennington county court. Hon. Levi McGee, Judge. Action to recover damages for property alleged to have been destroyed by fire and stock killed by defendant’s negligence. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Before the declaration 'of an agent can be introduced in evidence it must be shown that he had authority to act and that the act was within the apparent scope of his authority.
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Appeal from Pennington county court. Hon. Levi McGee, Judge. Action to recover damages for property alleged to have been destroyed by fire and stock killed by defendant’s negligence. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Before the declaration 'of an agent can be introduced in evidence it must be shown that he had authority to act and that the act was within the apparent scope of his authority. Drake v. Raiload, 29 N. W. 805; Armil v. Railroad, 28 A. & E. 467; Lumgston v. Midland, 35 la. 556; Verry v. Railroad, 47 la. 549. Declarations of the…
1Opinion of the Court
Corson, P. J:
This was an action ■ brought by the plaintiff to recover damages for hay and other property destroyed by fire alleged to have been caused by the negligence of defendant’s servants, and for the value of certain live stock alleged to have been killed by the negligence of defendant’s servants and employes. At the close of the evidence on the part of the plain tiff the defendant moved the court to direct the jury to return a verdict for plaintiff for the value of *304certain live stock only, amounting to $65, being the damages claimed in the second, third, and fifth causes of action, as…
2Cases cited16 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Losee v. . BuchananNew York Court of Appeals · 1873
- Clark v. FootNew York Supreme Court · 1811
- Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
- Stuart v. HawleyNew York Supreme Court · 1856
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Huntley v. HarbertsSouth Dakota Supreme Court · 1978
- Baxter v. Great Northern Railway Co.Supreme Court of Minnesota · 1898
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
- Peterson v. Roberts CountySouth Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.