MILLER v. CHICAGO, R. I. & P. RY. CO.

No. 9045.

40 N.W.2d 324 (1949)

MILLER et al. v. CHICAGO, R. I. & P. RY. CO.

Supreme Court of South Dakota.

Rehearing Denied January 26, 1950.


Attorney(s) appearing for the Case

Boyce, Warren, Murphy & McDowell, Sioux Falls, for appellant.

Davenport, Evans & Hurwitz, Sioux Falls, for respondents.


HAYES, Judge.

Plaintiffs sued the railway company for damages resulting from a collision between plaintiffs' trailer-transport and one of defendant's locomotives. This appeal by defendant is from a verdict and judgment awarding a recovery to plaintiffs in the sum of $2600.

The scene of the collision is a railroad crossing at Second Avenue, City of Sioux Falls. The directional course of the avenue is north and south; the railway, east and west. Although the...

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