Sweet v. Chicago, M. & St. P. Ry. Co.

Citations

• 6 S.D. 281
• 60 N.W. 77
• 1894 S.D. LEXIS 113

Syllabus

<p>1. In an action against a railroad company for killing stock at a highway crossing on its right of way, an eyewitness to the collision is not indispensable to a recovery.</p> <p>2. Facts fairly proved, from which different unprejudiced minds might properly draw different conclusions as to the cause of the death or injury proved, are sufficient to send the case to the jury on that question.</p> <p>3. In such case the verdict of the jury, affirmed by the trial court on motion ior new trial, will not be disturbed in this court.</p> <p>(Syllabus by the Court.</p>