Stringer v. Golden Gate Mining & Milling Co.

Citations

• 13 S.D. 470
• 83 N.W. 561
• 1900 S.D. LEXIS 166

Syllabus

<p>By contract between, plaintiffs and defendant, plaintffs were to run a tunnel for defendant, and it was agreed that defendant would remove waste rock from the drift, so that plaintiffs would not be hindered in the work. In an action by plaintiffs for damages for breach of the contract, consisting, among other things, of the fact that defendant had not removed the waste rock as agreed, plaintiffs’ counsel asked one of the plaintiffs if, while the work was going on, he and the other plaintiff lost any time by the failure to remove the waste, and the court overruled defendant’s objection, made on the ground that plaintiffs could claim no damages for lost time unless they showed they were able to procure other employment. Held that, as the question raised related merely to the order of proof, a abuse of discretion with referecce thereto would not be presumed, and the overruling- of the defendant’s objection was not ground for reversal.</p>