Gram v. Northern Pacific Railroad
North Dakota Supreme Court
A PPEAL from district court, Stutsman county; Hon. Rod-/I erick Rose, Judge. Complaint was defective because it did not negative contributory negligence on the part of plaintiff: Wanner v. N. Y. C. R. R. Co., 44 N. Y. 465; Wilson v. Charlestown, 8 Allen 137; Wheelock v. Boston, 105 Mass. 203; Lake v. Miller, 25 Mich. 274; Moore v. Central, etc., 24 N. J. L. 268; Murphy v. Chicago, etc., 45 Iowa 661; Penn.
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A PPEAL from district court, Stutsman county; Hon. Rod-/I erick Rose, Judge. Complaint was defective because it did not negative contributory negligence on the part of plaintiff: Wanner v. N. Y. C. R. R. Co., 44 N. Y. 465; Wilson v. Charlestown, 8 Allen 137; Wheelock v. Boston, 105 Mass. 203; Lake v. Miller, 25 Mich. 274; Moore v. Central, etc., 24 N. J. L. 268; Murphy v. Chicago, etc., 45 Iowa 661; Penn. Co. v. Galentine, 7 A. & E. R. R. cases, p. 517; Thompson on Neg. p. 152. ■ That the wind shifted after the fire started, and that but for such change of direction the plaintiff’s property…
1Opinion of the CourtWallin, J.
This action was brought to recover damages for the destruction of certain personal property by a prairie fire alleged to have been negligently started by one of defendant’s locomotive engines. The fire occurred on September 21,1885, and was started about 2:30 P. M. on the east side of, and about one rod from, defendant’s railroad track; and,, after spreading over about four miles of intervening prairie, reached plaintiff’s premises, and destroyed his property, about 5 o’clock p. m. of the same day. The acts of negligence charged in the complaint are briefly as follows: First. Faulty…
2Cases cited14 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
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3Cited by9 opinions
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Nelson v. Chicago, B. & Q. Ry. Co.South Dakota Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.