140 N.W. 694 | S.D. | 1913
This was an action for'personal injuries. The plaintiff recovered judgment against the defendant in the sum- -of $1,500. This appeal is from the judgment and order denying a new trial. The facts are, briefly, as follows: On the morning of October 17, 1910, plaintiff was driving a one-horse -dray north on Phillips avenue in the city of Sioux Falls. He stopped near the corner of Fifth street, because the street was temporarily obstructed by a swith engine and cars of the -Chicago, Milwaukee & St. Paul Railway Company. Defendant’s agent, Mr. Beck, driving defendant’s team of -horses attached to a delivery wagon was driving in the same direction, and stopped behind the plaintiff near the wholesale house of Jewett Bros. & Jewe't-t. When the street
Appellant has presented 11 assignments of error, which demand consideration. The first was not argued in appellant’s brief, hence is abandoned.
This request also erroneously assumed that the blowing off of steam by the engine was one of those remote incidents which defendant’s driver could not reasonably foresee, whereas from, the evidence and from common knowledge the blowing off of steam
Finding no error in the record, the judgment and order denying a new trial are affirmed.