21-3-3. Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.
The detriment caused by the wrongful conversion of personal property is presumed to be:
(1)The value of the property at the time of the conversion, with the interest from that time;
(2)Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party;
(3)A fair compensation for the time and money properly expended in pursuit of the property.
Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent.
Source: CivC 1877, §§1970, 1971; SL 1885, ch 42, §1; CL 1887, §§4603, 4604; RCivC 1903, §§2315, 2316; RC 1919, §§1987, 1988; SDC 1939 & Supp 1960, §37.1910.
Structure South Dakota Codified Laws
Chapter 03 - Damages For Torts
Section 21-3-2 - Punitive damages in discretion of jury.
Section 21-3-4 - Lien holder's damages for conversion of personal property.
Section 21-3-5 - General measure of damages for wrongful occupation of real property.
Section 21-3-6 - Treble damages for forcible exclusion from real property.
Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.
Section 21-3-10 - Damages for wrongful injury to trees and plants.
Section 21-3-11 - Limitation on damages for medical malpractice.
Section 21-3-11.1 - Legislative findings--Revival of §21-3-11.
Section 21-3-13 - Limitation of damages recoverable for injury or death of rodeo contestant.
Section 21-3-14 - Local law where personal injury occurs determines survival of claim.