Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 24

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...almost level with the ground, and I should judge 21/3 or 3 or 4 inches apart. The top of the cattle guards were splintered off, and some gravel in under them, and the gravel in some places was almost level with the cattle guards." ln order further to show the condition of the cattle guards, this witness testified that, after these accidents, a mare and colt of his got through the cattle guard at the north crossing, "where these three head were killed and went down on the right of way.and crossed out where the other four were killed." It will readily be seen that the evidence was wholly insufiicient to show that the cattle guards south of the south crossing were in a defective condition. While, on the other hand, defendant's witnesses testified that the same was in a proper condition and was of a standard make such as the company was using generally and similar to those in use by other companies. '.Ia'ny things which certainly could have been covered by testimony upon the trial were overlooked, or the testimony was left in a verv unsatisfactory manner. As an illustration, we would call attention to the fact that some of these horses were not killed outright, and, while certain witnesses have made gen eral statements to the effect that the horses were killed by the train, yet, in the case of one witness, it appears he knew nothing whatever in relation thereto except what he had been told, and another of such witnesses, upon further-examination, states, in regard to at least two animals, that when he last saw them they were alive, the condition of one being described as being badly stiffened up and bruised, and witness thought that it had its jaw broken. Whether this animal died from its injuries, or whether it more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236925890
  • 9781236925893