Scheffer v. Corson

Citations

• 5 S.D. 233
• 58 N.W. 555
• 1894 S.D. LEXIS 41

Syllabus

<p>1. Except under unusual circumstances, a new trial will not be granted on the ground of newly-discovered evidence which goes only to discredit or impeach a witness, or which is merely cumulative.</p> <p>2. While an inn-keeper may not assume the full and ordinary inn-keepers liability with respect to the goods of a traveling salesman who is a guest, and which are kept and displayed in a sample room furnished by such inn-keeper; he is liable for injury to such goods resulting directly from his want of ordinary care with respect to the same.</p> <p>3. When the question of negligence depends upon evidence from which different unbiased minds might reasonably draw different conclusions, it is a question of fact, and the verdict of a jury will pot be disturbed.</p> <p>(Syllabus by the court.</p>