Henderson v. Hines
North Dakota Supreme Court
Action in District Court, Stark County, Lembke, J. Defendant has appealed from the judgment in favor of the plaintiff. Opinion of the Court by Bronson, J. “When the special findings of fact are inconsistent with the general verdict, the former controls the latter and the court must give judgment accordingly.” § 7633, C. D. 1913. “Extraordinary or unprecedented floods are floods which are of such unusual occurrence that they could not have been foreseen by men of ordinary…
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Action in District Court, Stark County, Lembke, J. Defendant has appealed from the judgment in favor of the plaintiff. Opinion of the Court by Bronson, J. “When the special findings of fact are inconsistent with the general verdict, the former controls the latter and the court must give judgment accordingly.” § 7633, C. D. 1913. “Extraordinary or unprecedented floods are floods which are of such unusual occurrence that they could not have been foreseen by men of ordinary experience and prudence. Ordinary floods are those, the occurrence of which may be reasonably anticipated from the general…
1Opinion of the CourtBronson, J.
This is an action for damages caused by flood waters. The defendant has appealed from a judgment entered upon a general verdict and special questions submitted to the jury. The identical property that was involved in Soules v. N. P., 34 N. D. 8, 157 N. W. 823, L.R.A. 1917A, 501, is involved in this action. The same drainage area and the same drain-way that were involved in Soules v. N. P., supra, Boulger v. N. P., 41 N. D. 316, 171 N. W. 633, and Reichert v. N. P., 39 N. D. 114, 167 N. W. 127, are likewise concerned. In the three cases mentioned damages were asserted through a storm which…
2Cases cited9 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Carroll v. Township of RyeNorth Dakota Supreme Court · 1904
- Quinn v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jones v. Boeing CompanyNorth Dakota Supreme Court · 1967
- Jacobsen v. PedersenNorth Dakota Supreme Court · 1971
- Lemer v. KobleNorth Dakota Supreme Court · 1957
- Burlington Northern & Santa Fe Railway Co. v. Benson County Water Resource DistrictNorth Dakota Supreme Court · 2000
- Roder v. KromNorth Dakota Supreme Court · 1967
1 more not listed; retrieve them via the Exa API.