Lovejoy v. Campbell

Citations

• 16 S.D. 231
• 92 N.W. 24
• 1902 S.D. LEXIS 105

Syllabus

<p>1. Where a motion to dismiss was made at the close of plaintiff's case and denied, and the court of its own motion submitted a special question to the jury, and thereafter rendered judgment for the defendant, in the absence of objection to the manner in.which the motion was disposed of the case on appeal will be regarded as if the motion to direct had been sustained, and the ruling reviewed without the necessity of a motion for a new trial.</p> <p>2. Where master and servant were sued jointly for a tort of a servant, and evidence admissible against the servant was objected to by the master, but admitted, the error, if any, will not be reviewed on appeal, where the record failed to show the grounds of the objections.</p> <p>3. Where a servant, employed to drive a water tank for a threshing ma* chine, at the request of a fellow servant went out of his usual course to obtain oil to be used on the threshing' machine, and while so doihg his team caused damage, for which suit was brought, the deviation was not such as would authorize the court to determine, as a matter of law, that the servant was not engaged in the master’s business at the time, relieving the master from liability.</p> <p>4. Though under Laws 1890, c. 37, art. 5, § 8, providing that the execution of a plat of a town vests the fee of dedicated property in the town, a laid-out town acquired the fee íd its streets, an abutting owner who had planted and cared for trees standing in the highway in front of his lot was entitled to recover for injuries done thereto by persons using the highway. '</p>