166 N.W. 229 | S.D. | 1918
.Action under chapter 2to, Laws of 1915, for injuries alleged to have been sustained by reason of a defective highway. Section 1 of the act declares:
“It shall be the duty of the road supervisors of any township * * * to keep all public road's and highways * * * in such condition as to render them safe and passable and free from danger of accidents or injury to persons or property, while in the lawful use thereof, and in case such roads, highways * * * shall become in whole or in part destroyed or out of repair by reason of floods, fires or any other cause, to such an extent as*81 to endanger the safety of public travel, it shall be their duty, upon receiving notice thereof, to cause to be erected1, for the protection of travel and public safety, within twenty-four hours thereafter, substantial guards over such defects, or across such roads or highways, of sufficient height, weight and strength to warn and guard the public from accident or injury to the person or property thereof, and it shall also be their 'duty to repair the same within a reasonable time thereafter.”
Section 3:
“Any person shall have a cause of action against such * * * township * * * for injury to persons or property sustained by reason of any violation of the provisions of -this act.”
“Photoigraphs when verified as true pictures o-f a person or place to- the satisfaction of the trial judge, are competent evidence to a-i-d the jury in better understanding the situation than it could if the condition of -the -person or -place were -described by oral testimony of witnesses.” Higgs v. Mpls., etc., R. R. Co., 16 N. D. 446, 114 N. W. 722, 15 L. R. A. (N. S.) 1162 15 Ann. Cas. 97; Re McClellan, 20 S. D. 498, 107 N. W. 681.
In the case of Cunningham v. Pair Haven, 72 Conn. 244, 43 Atl. 1047, relied upon- by appellant, there was- no- -evidence whatever as to toe accuracy of toe photograph, which was h-el-d necessary to render it competent.
“We are unable to say, after a careful review of the testimony, that the damages awarded by the jury 'appear to' have been given under the influence of - passion or prejudice,’ and such appears to have been the conclusion of the learned trial judge who 'denied appellant’s motion for a new trial.” Eller v. Lord, 36 S. D. 377, 154 N. W. 816.
We have examined all assignments of error, but find no others which merit discussion.
The judgment and order are affirmed.