South Dakota Supreme Court June 15, 1910 (Melody v. Great Northern Ry. Co.)

SMITH, J.

This is an appeal from an order of the circuit court of Minnehaha county, sustaining a demurrer to the defendant’s answer. The complaint sets forth a cause of action for the recovery of damages for an assault claimed to have been committed upon the plaintiff by the conductor and trainmen of the defendant railway corporation on the 7th of March, 1908.