25 S.D. 468 | S.D. | 1910
This is a -suit to recover double damages under chapter 215, Raws 1907, for fire communicated to- the property of plaintiff by defendant’s locomotives. The questions as to general validity and effect of such statute must be governed by the decision in Jensen v. S. D. Cent. Ry. (rendered by this court at this term), 25 S. D. -, 127 N. W. 650.
It appears from the record that plaintiff served notice of loss and affidavit thereof required by said statute on defendant No: vembef 5,- 1908, and that on January 5, 1909, 61 days thereafter^ defendant served on plaintiff a notice offering to pay the fixed sum -of $50 in full settlement of the loss and damage to plaintiff by reason- of such fires. On the trial the jury rendered a general verdict in favor of the plaintiff for $35, and thereafter the court rendered judgment on said verdict against the defendant for the sum of $70, double the amount of such verdict, and the appellant now assigns as error the rendition of said judgment in double the amount of said verdict. The notice on the part of «the appellant offering to* pay $50 in full settlement of said damages was wholly excluded and disregarded by the trial court on the ground that the same had not been served in -time. We are of the opinion that the action of the trial court in wholly disregarding- and ex-
Finding no error in the record, the judgment of the circuit court is affirmed.