Uhe v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Turner county. Action for damages for the destruction of plaintiff’s property by fire alleged to have been caused by the negligence of defendant. This case was first decided by this court in an opinion found in 3 S. D. 563, (54 N. W. 601,) in which the court reversed the judgment of the lower court in favor of the plaintiff. The plaintiff moved for a rehearing. This opinion is upon the rehearing. The former decision adhered to.
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Appeal from circuit court, Turner county. Action for damages for the destruction of plaintiff’s property by fire alleged to have been caused by the negligence of defendant. This case was first decided by this court in an opinion found in 3 S. D. 563, (54 N. W. 601,) in which the court reversed the judgment of the lower court in favor of the plaintiff. The plaintiff moved for a rehearing. This opinion is upon the rehearing. The former decision adhered to. No new briefs filed on rehearing.
1Opinion of the CourtKellam, J.
This cause is now before us on reargument,and we are asked to modify our former opinion, reported in 3 S. D. 563, 54 N.W. 601, in three respects, which will be noticed seriatim, reference being bad to the former opinion for the facts. In that opinion we held that an order of the court,made and entered after verdict, and before entry of judgment, “that all proceedings be stayed” for a definite time, operated to prohibit entry of judgment while such order was in force. Counsel for respondent *507contend that the term ‘‘all proceedings,” as used in such order, means all proceedings subsequent to…
2Cases cited13 opinions
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Pitte v. ShipleyCalifornia Supreme Court · 1873
- Blatchford v. NewberryIllinois Supreme Court · 1881
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976
- South Dakota Building Authority v. Geiger-Berger Associates, P.C.South Dakota Supreme Court · 1987
- Seip v. . WrightSupreme Court of North Carolina · 1917
- Meyer v. Dixon Bros., Inc.South Dakota Supreme Court · 1985
- Green v. Hughitt School Twp.South Dakota Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.