Johnson v. Northern Pacific Railroad
North Dakota Supreme Court
PPEAL from district court, Stutsman county; Hon. Boderick Bose, Judge. The degree of care which a railroad is bound to exercise is not dependent on the weather.: Mich. Cen. B. B. Co. v. Anderson; and the instruction quoted above in paragraph 5 of the syllabus is erroneous.
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PPEAL from district court, Stutsman county; Hon. Boderick Bose, Judge. The degree of care which a railroad is bound to exercise is not dependent on the weather.: Mich. Cen. B. B. Co. v. Anderson; and the instruction quoted above in paragraph 5 of the syllabus is erroneous. If there is ■error in the charge in respect to any particular point, judgment ■cannot be affirmed on other grounds, since it cannot be said that the verdict was not the result of the erroneous instruction: Amaker v. New, 11 S. E. 386. The complaint alleged and the answer denied negligence in handling defendant’s engine; the…
1Opinion of the CourtWallin, J.
This is an action to recover damages for injuries to property caused by a prairie fire which plaintiff alleges resulted from the defendant’s negligence. A verdict and judgment were rendered for plaintiff on December 13,1889, and by three separate orders the time for preparing and signing a bill of exceptions, and serving a notice of intention to move for a new trial was extended to February 13, March 1, and March 15, 1890, respectively. These orders were duly served on plaintiff’s counsel, but were made ex parte, and no cause is spread upon the record for making the same. The notice of…
2Cases cited11 opinions
- Mueller v. EhlersSupreme Court of the United States · 1876
- Brobst v. BrockSupreme Court of the United States · 1871
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Higgins v. MahoneyCalifornia Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Schriock v. SchriockNorth Dakota Supreme Court · 1964
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Kline v. LandeisNorth Dakota Supreme Court · 1966
23 more not listed; retrieve them via the Exa API.