Dubs ex rel. Dubs v. Northern Pacific Railway Co.
North Dakota Supreme Court
'Action for personal injuries. Appeal from order granting judgment non obstante, District Court, Grant County, Hanley, J. “A verdict can be vacated or new trial granted only upon statutory grounds.” Comp. Laws 1913, § 7660. “The supreme court cannot go outside the specifications to find out whether or not the verdict can stand on other points not specified.” Erickson v. Wiper, 33 N. L>. 193; Buchanan v. Occident Elev.
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'Action for personal injuries. Appeal from order granting judgment non obstante, District Court, Grant County, Hanley, J. “A verdict can be vacated or new trial granted only upon statutory grounds.” Comp. Laws 1913, § 7660. “The supreme court cannot go outside the specifications to find out whether or not the verdict can stand on other points not specified.” Erickson v. Wiper, 33 N. L>. 193; Buchanan v. Occident Elev. Co. 33 N. D. 346; Pathman v. Williams, 32 N. D. 365; Morris v. Minneapolis, St. P. & S. Ste. M. R. Co. 32 N. D. 366; McLain v. Nürnberg, 16 N. D. 145; Howie v. Bratrud (S. D.)…
1Opinion of the CourtBronson, J.
On July 5, 1912, Edmund Dubs, then nine years of age, was run over and seriously maimed, through the loss of an arm and leg, by the train of the defendant near New Leipzig. Through his guardian ad litem,, the appellant, this action is maintained for injuries so sustained. In the district court, upon trial, the jury rendered a verdict for $3,000 in favor of the plaintiff. Thereafter the trial court granted judgment non obstante upon the ground that the evidence adduced was insufficient to justify the verdict because no actionable negligence of the defendant was shown. From such order and…
2Cases cited7 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Palon v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Welch v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
- Enget Ex Rel. Enget v. NeffNorth Dakota Supreme Court · 1950
- Schweitzer Ex Rel. Schweitzer v. AndersonNorth Dakota Supreme Court · 1957
- Sheffield v. Stone, Ordean, Wells Co.North Dakota Supreme Court · 1922
- Dubs Ex Rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.