Corbett v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Williams County; Goss, J. Action by W. W. Corbett against the Great Northern Railway Company. Verdict for plaintiff, and from an order denying a new trial, defendant appeals. Statutory presumption is to bring in proofs in possession of railway company, and when overcome by proof, burden is on plaintiff to establish his case without aid of such presumption. Hodgins v, M., St. P. & S. Ste.
Read the full summary
Appeal from District Court, Williams County; Goss, J. Action by W. W. Corbett against the Great Northern Railway Company. Verdict for plaintiff, and from an order denying a new trial, defendant appeals. Statutory presumption is to bring in proofs in possession of railway company, and when overcome by proof, burden is on plaintiff to establish his case without aid of such presumption. Hodgins v, M., St. P. & S. Ste. M. R. R. Co., 3 N. D. 382, 56 N. W. 139 ; Smith v. Northern Pac. Ry. Co., 3 N. D. 17, 53 N. W. 173; Cumming v. G. N- Ry. Co., 15 N. D. 611, 108 N. W. 798. Whether the presumption…
1Opinion of the CourtSpalding, J.
This is an action for damages for the negligentt killing of two horses and injuring two other horses so they had to be killed, belonging to respondent, by one of appellant’s railway trains on the 12th day of March, 1907. The defendant denied the allegations of the commplaint, and alleged that if the stock was killed by appellant’s train, the killing was caused by the negligence of the plaintiff in permitting it to run at large and go upon the right of way and tracks of defendant. The case was tried before a jury, and the plaintiff submitted evidence of ownership, the killing by one of…
2Cases cited19 opinions
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Bileu v. PaisleyOregon Supreme Court · 1889
- Kentucky Central R. R. v. TalbotCourt of Appeals of Kentucky · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Schneider v. MarquartNorth Dakota Supreme Court · 1920
- Reinke v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1918
- Clair v. Northern Pacific Railway Co.North Dakota Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.