Rozell v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action for personal injuries. Appeal from tbe District Court of Billings County, Honorable TP. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. At tbe time of tbe occurrence of tbe accident of wbicb complaint is bero made, tbe railway crossing, or traveled road in question, bad not been so used for twenty years, and not having continued for twenty years, tbe public bad acquired no prescriptive right to tbe same as a highway.
Read the full summary
Action for personal injuries. Appeal from tbe District Court of Billings County, Honorable TP. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. At tbe time of tbe occurrence of tbe accident of wbicb complaint is bero made, tbe railway crossing, or traveled road in question, bad not been so used for twenty years, and not having continued for twenty years, tbe public bad acquired no prescriptive right to tbe same as a highway. Burleigh Co. v. Rhud, 23 N. D. 362, 136 N. W. 1082. In any event, it is doubtful whether tbe public could ever acquire anything more than tbe permissive…
1Opinion
*486On Petition for Rehearing.
Bruce, Ch. J.
In the petition for a rehearing in this case, exception is taken to several of the statements and the holdings of the main opinion, among them being one to the effect that “the kegs in question were about 5 feet north of the tracks, and on ground level with the tracks, and from 10 to 30 feet of the traveled highway. When approaching the tracks from the south one would have no difficulty in seeing them.” The testimony also shows that there was a bridge on the road to the south, the north end of which was 27 feet from the center and only 2.7 feet lower…
2Cases cited2 opinions
- Card v. City of EllsworthSupreme Judicial Court of Maine · 1876
- Nichols v. Inhabitants of AthensSupreme Judicial Court of Maine · 1877