Rossiter v. Boley
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by Bryan E. Rossiter against Daniel C. Boley for services. From a judgment in fayor of plaintiff, defendant appeals. The facts are stated in the opinion. It is only as against a spoliator of evidence that all things are presumed. 1 Greenleaf Ev. § 37; Cartier v. Lumber, 28 N. E. 932; Armory y.
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Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by Bryan E. Rossiter against Daniel C. Boley for services. From a judgment in fayor of plaintiff, defendant appeals. The facts are stated in the opinion. It is only as against a spoliator of evidence that all things are presumed. 1 Greenleaf Ev. § 37; Cartier v. Lumber, 28 N. E. 932; Armory y. Delamirie, 1 Smith Lead Cases, 581; Fox v. Hale & Norcross, 41 Pac. 322. When it is the duty of a party to produce evidence and he refuses, the presumption against him arises. 1 Rice on Ev. § 104; Ins. Co. v. Ins. Co., 7…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover for services as superintendent of a cyanide plant in Deadwood from September, 1897, to March, 1898, alleged to be of the value of $300 per month, or $1,730, for which amount the jury found a verdict in favor of plaintiff; and from the judgment thereon, and an order denying a new trial, the defendant has appealed.
Defendant in his answer denied the value of the services as claimed, but admitted that from January 8th to March 8th respondent was employed by appellant as sujierintendent under an express agreement and guaranty that he would extract at…
2Cases cited6 opinions
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
- Pollak v. HarmonSupreme Court of Alabama · 1891
- Smith v. TosiniSouth Dakota Supreme Court · 1891
- Cartier v. Trot Lumber Co.Illinois Supreme Court · 1891
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