Miller v. Chicago & N. W. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. George H. Marquis, Judge , Action by Joseph Miller against the Chicago & Northwestern Railway Company. From a judgment for. plaintiff and an order denying a new trial, defendant appeals. The speed of the locomotive'in a case of this character, where the animals were not killed at a crossing but were trespassing upon the right of way at a distance therefrom, is incompetent and immaterial.
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Appeal from Circuit Court, Codington County. Hon. George H. Marquis, Judge , Action by Joseph Miller against the Chicago & Northwestern Railway Company. From a judgment for. plaintiff and an order denying a new trial, defendant appeals. The speed of the locomotive'in a case of this character, where the animals were not killed at a crossing but were trespassing upon the right of way at a distance therefrom, is incompetent and immaterial. The fact that the defendant company had the exclusive right to the free use of this track at the point where the animals were struck, and that the animals…
1Opinion of the CourtCorson, J.
This was an action instituted by the plaintiff to recover from the defendant the value of a mule and pony alleged to have been killed by the negligence of the defndant’s servants and employees. Verdict and judgment being in favor of the plaintiff, the defendant appeals.
At the close of plaintiff’s evidence, and also at the close of all the evidence, the defendant moved the court to direct a verdict *244in its favor on the grounds, among others, that the evidence was insufficient to sustain a verdict' in favor of the plaintiff, and that the plaintiff was guilty of contributory negligence. This…
2Cases cited5 opinions
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- Dougherty v. Chicago, M. & St. P. Railway Co.South Dakota Supreme Court · 1905
- Sheldon v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
- Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.South Dakota Supreme Court · 1901
- Schimke v. Chicago, Milwaukee & St. Paul R'y. Co.South Dakota Supreme Court · 1899