Sinkling v. Illinois Central Railway Co.

Citations

• 10 S.D. 560
• 74 N.W. 1029
• 1898 S.D. LEXIS 37

Syllabus

<p>1. An appeal from an order denying a now trial before the. order is entered is ineffectual, and no question on the sufficiency of the evidence to justify the verdict is presented for review.</p> <p>2. In determining the sufficiency of a complaint in a justice court, under Comp. Laws, l 6058, providing that pleadings in such court shall be such, as to enable one of common understanding to know their intent, the oral complaint entered on the docket may be construed with the written answer.</p> <p>3. Thoug’h the statutory imputation of negligence was clearly overcome, so that a verdict should have been directed for defendant, the appellate court will examine the assignment of error- in refusing’ to instruct on contributory negligence.</p> <p>4. Where one turned his horse loose on his premises, which were in unobstructed proximity to a railroad track, shortly before the time when a train was daily accustomed to pass, the question of contributory negligence should have been submitted to the Jury. Haney. J. concurring in result.</p>