Sherwood v. City of Sioux Falls

Citations

• 10 S.D. 405
• 73 N.W. 913
• 1898 S.D. LEXIS 8

Syllabus

<p>1. Where the complaint omits facts essential to a cause of action, and which might be supplied by amendment, and these facts are proved at the trial after the judge has refused to exclude the evidence of plaintiff on the ground that the complaint does ndt state a cause of action, the defect in the complaint is no ground for reversal of a judgment for plaintiff.</p> <p>2. Where the deposition of the plaintiff was read without objection, and, at the time of reading it, permission was asked, and leave given, without objection, to call plaintiff himself in rebuttal, defendant could not after-wards have the deposition stricken out on the ground that plaintiff had personally attended court and testified in his own behalf.</p> <p>3. In the absence of any showing, it is presumed that the physical condition of a plaintiff in an action for personal injuries compelled him to be brought into court on a cot, and not that lie was so brought for the purpose of arousing the sympathy of the court and jury. Fuller, J., dissenting.</p>