Reading v. Hutton

South Dakota Supreme Court

Reading v. Hutton

171 N.W. 319, 41 S.D. 499, 1919 S.D. LEXIS 34

CourtSouth Dakota Supreme Court

DecidedMarch 29, 1919

DocketFile No. 4420

StatusPublished

This text of 171 N.W. 319 (Reading v. Hutton) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reading v. Hutton, 171 N.W. 319, 41 S.D. 499, 1919 S.D. LEXIS 34 (S.D. 1919).

Pincite

Opinion

McCOY, J.

Action for personal injury causing the death’ of Frank E. Reading, a child' of the age of about 4 years, son of appellant, which injury was alleged to have resulted from the negligence of the defendant in operating and running his automobile upon and over said child. There was verdict and judgment in -favor of defendant, and- plaintiff appeals.

The only question raised by this appeal is whether or not the evidence was sufficient to justify the verdict. There was much conflict in the evidence, and it will serve no useful purpose to recite the same in this opinion. That was purely a question of fact, to be decided by the jury. We are of the opinion that 'the evidence submitted on the part of defendant, if believed by the jury, was sufficient to sustain the verdict.

The judgment and order appealed from are affirmed.

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McCOY, J.

Action for personal injury causing the death’ of Frank E. Reading, a child' of the age of about 4 years, son of appellant, which injury was alleged to have resulted from the negligence of the defendant in operating and running his automobile upon and over said child. There was verdict and judgment in -favor of defendant, and- plaintiff appeals.

The only question raised by this appeal is whether or not the evidence was sufficient to justify the verdict. There was much conflict in the evidence, and it will serve no useful purpose to recite the same in this opinion. That was purely a question of fact, to be decided by the jury. We are of the opinion that 'the evidence submitted on the part of defendant, if believed by the jury, was sufficient to sustain the verdict.

The judgment and order appealed from are affirmed.

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Bluebook (online)

171 N.W. 319, 41 S.D. 499, 1919 S.D. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reading-v-hutton-sd-1919.