Kanable v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Cass County, Honorable M. J. Hnglert, Judge. From an order denying motion for new trial, defendant appeals. There was but one cause of action, and that was for the tort or wrong. Friedrickson v. Renard, 247 H. S. 207-213; Nash v. Myls.
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Appeal from the District Court of Cass County, Honorable M. J. Hnglert, Judge. From an order denying motion for new trial, defendant appeals. There was but one cause of action, and that was for the tort or wrong. Friedrickson v. Renard, 247 H. S. 207-213; Nash v. Myls. St. L. R, Co. (Minn.) 169 N. W. 540; Tudor v. Oregon Short Line R. Co. (Minn.) 155 N. W. 200. “An amendment to the effect that plaintiff sues as personal representative on the same cause of action under the Federal statute, instead of as sole beneficiary of the deceased under the state statute, is not equivalent to the…
1Opinion of the CourtBobinson, J.
This is an appeal from an order denying a motion for a new trial. This is a personal injury suit to recover $10,000 under the Federal Employers’ Liability Act, which is the same as the State Employers’ Liability Act. Under either act the action must be commenced within two years.
The complaint avers that in June, 1917, at Fargo, North Dakota, the plaintiff and other employees of the defendant undertook to load a heavy gravestone onto a car of defendant; that the stone was to be shipped from Fargo to some point in Montana, and in loading the stone the defendant, by its servants, so negligently…
2Cited by8 opinions
- Zimbelman v. LahNorth Dakota Supreme Court · 1931
- O'Dell v. HineyNorth Dakota Supreme Court · 1922
- Bailey v. DavisNorth Dakota Supreme Court · 1922
- Ruble v. JacobsonNorth Dakota Supreme Court · 1924
- Isensee Motors v. GodfreyNorth Dakota Supreme Court · 1931
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