Knight v. Towles
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to recover damages caused by fire set, in the month of September, in violation of Comp. Laws, § 2392. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to recover damages caused by fire set, in the month of September, in violation of Comp. Laws, § 2392. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. It is immaterial to the master’s responsibility that the servant at the time was neglecting some rule of action which the master had prescribed, or was exceeding, his master’s instructions, or was disregarding them in some particular, or that the injury that actually resulted is attributable to the servant’s failure to observe the…
1Opinion of the CourtCorson, P. J.
At the close of the plaintiff’s evidence the court, on motion of defendant’s counsel, directed a verdict for the defendant. The granting of this motion is assigned as error, and is the only error assigned that we deem it necessary to consider on this appeal.
The motion to direct a'verdict was made upon the ground “that the plaintiff had failed to make out a cause of action against the defendant.” In directing the verdict the court gave its views of the law of the case at some length, and, among other things, instructed them as follows: “The court understands the law to be this: That where a…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- People v. RobyMichigan Supreme Court · 1884
- Osborne v. McMastersSupreme Court of Minnesota · 1889
- George v. GobeyMassachusetts Supreme Judicial Court · 1880
- Peterson v. KnobleWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.