Oakland v. Nelson
North Dakota Supreme Court
Appeal from the District Court of Ransom County, Allen, J. Action, to recover damages for personal injuries. Judgment for Plaintiff-Defendant appeals. Plaintiff fully appreciated the danger he was in, and it must he held under settled authority that he assumed the risk. Chicago, B. & Q. R. Co. v. Shalstrom, 45 L.R.A. (N.S.) 389, 115 C. C. A. 515, 195 Fed. 725; Choctaw, 0. & G. R. Co. v. IVIeDade, 191 IT. S. 64, 48 L. ed. 96, 24 Sup. Ct. Rep. 24, 15 Am. Neg.
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Appeal from the District Court of Ransom County, Allen, J. Action, to recover damages for personal injuries. Judgment for Plaintiff-Defendant appeals. Plaintiff fully appreciated the danger he was in, and it must he held under settled authority that he assumed the risk. Chicago, B. & Q. R. Co. v. Shalstrom, 45 L.R.A. (N.S.) 389, 115 C. C. A. 515, 195 Fed. 725; Choctaw, 0. & G. R. Co. v. IVIeDade, 191 IT. S. 64, 48 L. ed. 96, 24 Sup. Ct. Rep. 24, 15 Am. Neg. Rep. 230; St. Louis Cordage Co. v. Miller, 63 L.R.A.- 551, 61 C. C. A. 477, 15 Am. Neg. Rep. 476, 126 Fed. 495; Glenmont Lumber Co. v.…
1Opinion of the CourtBruce, J.
This is an appeal from a judgment for the plaintiff in an action which was brought by a farm laborer of the age of nineteen to recover damages for injuries sustained while assisting his employer in ■exploding dynamite while seeking to drain a slough. The complaint is “that the defendant, the employer aforesaid, required of him (the plaintiff) services outside of the duties ordinarily incident to his employment and subjecting him to additional danger, to wit, the placing of dynamite for the purpose of explosion; that plaintiff being ignorant of the use of dynamite and the danger incident to…
2Cases cited6 opinions
- Atlanta & West Point Railroad v. SmithSupreme Court of Georgia · 1894
- Lake v. Shenango Furnace Co.Court of Appeals for the Eighth Circuit · 1908
- Morrison v. LeeNorth Dakota Supreme Court · 1904
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Sims v. East & West RailroadSupreme Court of Georgia · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Malarchick v. PierceNorth Dakota Supreme Court · 1978
- Mundon v. GreenameyerSouth Dakota Supreme Court · 1921
- International Shoe Co. v. HawkinsonNorth Dakota Supreme Court · 1945
- McKenzie v. HilleboeNorth Dakota Supreme Court · 1914