Legal Opinion

Carlson v. Sioux Falls Water Co.

South Dakota Supreme Court

Decided May 28, 1894PublishedCited by 2 opinions

Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover damages for personal injuries. Judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion. Upon the proposition on which the court decided the case, counsel for appellant cited: Songstad v. Ry. Co., 5 Dak. 517; Simmons v. C., etc., Ry. Co., 110 111. 340; S. C. 18 A. & Eng. R. Cas. 50; Jacksonville, Tampa & Key West Ry. Co. v. Peninsular Land & Mfg.

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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover damages for personal injuries. Judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion. Upon the proposition on which the court decided the case, counsel for appellant cited: Songstad v. Ry. Co., 5 Dak. 517; Simmons v. C., etc., Ry. Co., 110 111. 340; S. C. 18 A. & Eng. R. Cas. 50; Jacksonville, Tampa & Key West Ry. Co. v. Peninsular Land & Mfg. Co., 17 L. R. A. 33; Knight v. Cooper (W. Va) 14 S. E. 999; Perigo v. Ry. Co., 52 la. 276; Naylor v. Ry. Co., 53 Wis. 661;…

1Opinion of the CourtFuller, J.

Plaintiff was a laborer in the employ of defendant and was, with about 25 co-laborers, engaged, at the time he received the injury for which he brings this suit to recover $5,000 damages, in digging a trench six feet in depth, in which to place water pipes or mains for the extension of the defendant’s system of waterworks in the city of Sioux Falls. At the time of the accident plaintiff had been thus engaged for 13 or 14 days, and had been in the employ of the defendant upon a former occasion, and about one year prior to this time. There were, at the time of the accident, about 15 other men…

2Cases cited7 opinions

  1. Vincennes Water Supply Co. v. WhiteIndiana Supreme Court · 1890
  2. Olson v. McMullenSupreme Court of Minnesota · 1885
  3. Walsh v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
  4. St. Louis & Southeastern Railway Co. v. BritzIllinois Supreme Court · 1874
  5. Money v. Lower Vein Coal Co.Supreme Court of Iowa · 1881

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3Cited by2 opinions

  1. Carlson v. Sioux Falls Water Co.South Dakota Supreme Court · 1895
  2. Grandpre v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1922

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