Smith v. Chicago, Mil. & St. P. Ry. Co.
Citations
- 6 S.D. 583
- 28 L.R.A. 573
- 62 N.W. 967
- 1895 S.D. LEXIS 162
Syllabus
<p>1. In an action under the provisions of section 5499, Comp. Laws, brought by a father, as administrator of the estate of his deceased son, who was of age, and who left no widow or child, and who was killed by the negligence of a railroad company, the father, if entitled to recover at all, was only entitled to recover such pecuniary damages as he sustained as such father (he being the only heir); and the charge of the court so instructing the jury, was not erroneous.</p> <p>2. When, in such action, the only evidence as to the damage sustained by the father was that he (the father) was 64 years of age; that his son, at the time of his death, was over 28 years of age; that he had lived with the father since he attained his majority, except one year; and that he was strong, healthy, and a good laborer, — a verdict for nominal damages only will not be disturbed in this court on appeal.</p> <p>(Syllabus by the Court.</p>
Judges: Corson
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Anderson v. LaleSouth Dakota Supreme Court· 1974-03-19· cited 30×
- Simons v. KiddSouth Dakota Supreme Court· 1950-04-11· cited 28×
- Flagtwet v. SmithSouth Dakota Supreme Court· 1985-04-24· cited 24×
- Atchison, Topeka & Santa Fe Railway Co. v. TownsendSupreme Court of Kansas· 1905-06-10· cited 21×
- Scherer v. SchlabergNorth Dakota Supreme Court· 1909-09-30· cited 20×
- Lintz v. Holy Terror Mining Co.South Dakota Supreme Court· 1900-08-29· cited 5×
Cites
12 cases in this archive are cited by this case.
- March v. WalkerTexas Supreme Court· 1877-07-01· cited 77×
- City of Chicago v. ScholtenIllinois Supreme Court· 1874-09-15· cited 57×
- Morgan v. Southern Pac. Co.California Supreme Court· 1892-08-05· cited 47×
- Hutchins v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota· 1890-06-27· cited 44×
- Gulf, C. & Santa Fe R'y Co. v. LevyTexas Supreme Court· 1883-06-05· cited 34×
- Pennsylvania Co. v. LillyIndiana Supreme Court· 1881-05-15· cited 34×
- Fordyce v. McCantsSupreme Court of Arkansas· 1889-05-15· cited 27×
- Van Brunt v. Cincinnati, Jackson & Mackinaw RailroadMichigan Supreme Court· 1889-12-28· cited 25×
- St. Louis, I. M. & S. Railway Co. v. FreemanSupreme Court of Arkansas· 1880-11-15· cited 23×
- Clinton v. LaningMichigan Supreme Court· 1886-05-06· cited 23×
- Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court· 1892-12-08· cited 21×
- Rockford, Rock Island & St. Louis R. R. v. DelaneyIllinois Supreme Court· 1876-06-15· cited 19×
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