Inlagen v. Town of Gary, No. 3399.
| Court | Supreme Court of South Dakota |
| Writing for the Court | POLLEY |
| Citation | 147 N.W. 965,34 S.D. 198 |
| Decision Date | 22 June 1914 |
| Docket Number | No. 3399. |
| Parties | INLAGEN v. TOWN OF GARY. |
34 S.D. 198
147 N.W. 965
INLAGEN
v.
TOWN OF GARY.
No. 3399.
Supreme Court of South Dakota.
June 22, 1914.
Appeal from Circuit Court, Deuel County; C. G. Sherwood, Judge.
Action by Gunder Inlagen against the Town of Gary, a municipal corporation. Judgment for plaintiff, and defendant appeals. Affirmed.
[147 N.W. 965]
Law & Knight, of Clear Lake, for appellant.
McFarland & Johnson, of Watertown, for respondent.
POLLEY, J.
[1] ‘In the trial court, plaintiff recovered damages for a personal injury resulting from a defective sidewalk on one of the defendant's streets. A motion for a new trial was overruled, and defendant appeals.
Appellant presents its case upon eight separate assignments, but respondent challenges appellant's right to have any of these assignments considered by the court, because none of the matters upon which such assignments are based are contained in appellant's statement of the case. An examination of appellant's brief shows that respondent's position is well taken as to the first, second, third, fifth, and sixth assignments. These assignments relate to the admission and exclusion of testimony by the trial court, but the statement does not contain the objections nor the rulings of the court thereon, nor does it appear whether any exceptions were ever taken to the rulings of the trial court. These matters are therefore not properly before the court for review. Brewster v. Miller, 31 S. D. 613, 141 N. W. 778;Peterson v. Miller, 146 N. W. 585;Sanford v. Helgerson, 31 S. D. 472, 141 N. W. 390;Todd v. Burger, 31 S. D. 622, 141 N. W. 515;State v. Doran, 28 S. D. 486, 134 N. W. 53.
[2] ‘At the close of plaintiff's testimony, and again, at the close of all the testimony, appellant moved for a directed verdict upon the ground:
“That it appears from the evidence that no sufficient notice, such as is required by chapter 90 of the Session Laws of 1907 of this state, has been given to the clerk of the defendant town, within the time provided by that law, and containing a statement of the time, place, and cause of the alleged injuries, for the further reason that it appears from the evidence of the plaintiff that the alleged defect in question was a defect for which the town would not be liable, and that the plaintiff has failed to show that the defendant town had either actual or constructive notice of the defect prior to the time of the injury.”
These motions were both overruled by the court, and are the basis of the fourth and seventh...
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Hagberg v. City of Sioux Falls, Civ. No. 67-68S.
...of the enactors thereof." State ex rel. Cook v. Polley, 30 S.D. 528, 533, 139 N.W. 118, 120 (1912). In Inlagen v. Town of Gary, 34 S.D. 198, 147 N.W. 965, 966, (1914), the purpose of the original statute was declared to "* * * to apprise the town or city of the fact that an accide......
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Stone v. District of Columbia, No. 12638.
...1029 (1941). 31 18 McQuillin § 53.163. 32 Lutsch v. City of Chicago, 318 Ill.App. 156, 47 N.E.2d 545 (1943). 33 Inlagen v. Town of Gary, 34 S.D. 198, 147 N.W. 965 34 Bowman v. City of Davenport, 243 Iowa 1135, 53 N.W.2d 249 (1952). 35 Stewart v. City of Rio Vista, 72 Cal. App.2d 279, 164 P.......
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Peterson v. Hohm, No. 20975.
...36 S.D. 11, 14, 153 N.W. 881, 882 (1915) (addressing statute requiring notice to city within sixty days of suit); Inlagen v. Town of Gary, 34 S.D. 198, 199, 147 N.W. 965, 966 (1914) (determining whether plaintiff complied with statute requiring notice within sixty days be given to town cler......
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Myears v. Charles Mix County, No. 19793
...also held substantial compliance sufficient in other cases. In Inlagen v. Town of Gary, a plaintiff was injured on a defective sidewalk. 34 S.D. 198, 199, 147 N.W. 965, 966 (1914). The statute required notice within sixty days to the town clerk of an intent to sue to ensure sufficient time ......
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Hagberg v. City of Sioux Falls, Civ. No. 67-68S.
...of the enactors thereof." State ex rel. Cook v. Polley, 30 S.D. 528, 533, 139 N.W. 118, 120 (1912). In Inlagen v. Town of Gary, 34 S.D. 198, 147 N.W. 965, 966, (1914), the purpose of the original statute was declared to "* * * to apprise the town or city of the fact that an accide......
-
Stone v. District of Columbia, No. 12638.
...1029 (1941). 31 18 McQuillin § 53.163. 32 Lutsch v. City of Chicago, 318 Ill.App. 156, 47 N.E.2d 545 (1943). 33 Inlagen v. Town of Gary, 34 S.D. 198, 147 N.W. 965 34 Bowman v. City of Davenport, 243 Iowa 1135, 53 N.W.2d 249 (1952). 35 Stewart v. City of Rio Vista, 72 Cal. App.2d 279, 164 P.......
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Peterson v. Hohm, No. 20975.
...36 S.D. 11, 14, 153 N.W. 881, 882 (1915) (addressing statute requiring notice to city within sixty days of suit); Inlagen v. Town of Gary, 34 S.D. 198, 199, 147 N.W. 965, 966 (1914) (determining whether plaintiff complied with statute requiring notice within sixty days be given to town cler......
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Myears v. Charles Mix County, No. 19793
...also held substantial compliance sufficient in other cases. In Inlagen v. Town of Gary, a plaintiff was injured on a defective sidewalk. 34 S.D. 198, 199, 147 N.W. 965, 966 (1914). The statute required notice within sixty days to the town clerk of an intent to sue to ensure sufficient time ......