Overpeck v. City of Rapid City

Citations

• 14 S.D. 507
• 85 N.W. 990
• 1901 S.D. LEXIS 35

Syllabus

<p>1. Where a city was liable for injuries to a horse by falling into an open ditch in the highway, the measure of damages was the difference in value of the horse before the injury and after he was cured, and, in addition thereto, tne cost of care and medicine in restoring the horse.</p> <p>2. Where a buggy is injured by defects in a highway for which a city is liable in an action to recover tnerefor, plaintiff can prove the costs of repairs, the amount to be recovered being only the actual cost value of such necessary repairs.</p> <p>3. Whether excavations in a street were properly made and properly guarded so as to render a city not liable for injuries caused thereby, was for the jury.</p> <p>4. The. question of contributor}’- negligence of a driver, where horse and huggy were injured by defect in a highway, is for the jury.</p>