162 N.W. 740 | S.D. | 1917
A train belonging to defendant collided with and destroyed a car belonging to plaintiff while such car was standing at the junction of the lines of track belonging to these parties. Plaintiff recovered a judgment for the value of the car so destroyed. From such judgment and from an order denying a new trial this appeal was taken. In a general way the facts of this case are quite analogous to those in the case of Allison v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 158 N. W. 452, and much that was said in that case is applicable to the facts presented herein. We therefore deem it unnecessary to consider any assignments except those that present questions other than were presented by the record in that case.
The judgment and order 'appealed from are affirmed.