Public-domain · open source
OpenJurist

53 S.D. 447

Bruce v. Ertmoed

South Dakota Supreme Court

Decided September 22, 1928

South Dakota Supreme Court · decided 1928-09-22

Cited by 2 later decisions — most recently January 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1928-09-22

View the full empirical analysis of this case →

BURCH, P. J.

¶1(dissenting). I do- not think the evidence is sufficient to support a recovery in any amount. The most that *450can be said, of it is that plaintiff did take care of the son Allie without oharging him' for her services. There is nothing to show he was financially unable to pay for any help he needed. On the contrary, at.the time of his death he owned a considerable property, .which was given 'him' by defendant. Plaintiff shared in this property as bis heir. The evidence also shows that; while Allie lived with his mother, he assisted her husband in his business. The extent of this is not shown, and for aught we know it was more than enough to fully compensate for favors and attention he received.

CAMPBELL, J.

¶2(dissenting). Under all the facts and circumstances of this case, and in view of sections 191 and 193, Rev. Code 1919, I think defendant’s motion for directed verdict in his favor should have been granted.

¶3I therefore dissent.

/53/sd/447 · .json · Public domain