Johnson v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Williams county; Cowan, J. Action by John Johnson against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. Under the statute the trial court should require pleading to be made certain and definite, where the claim of the pleader, or facts. Upon which it is based, are not apparent. In any event, the court can require him to furnish his opponent the particulars with respect to the claim or demand made.
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Appeal from District Court, Williams county; Cowan, J. Action by John Johnson against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. Under the statute the trial court should require pleading to be made certain and definite, where the claim of the pleader, or facts. Upon which it is based, are not apparent. In any event, the court can require him to furnish his opponent the particulars with respect to the claim or demand made. Rev. Codes 1899, sections 5282 and 5284. The discretion is not an arbitrary one, and its abuse, by the lower courts, should be…
1Opinion of the CourtMorgan, J.
In this case plaintiff seeks to recover damages for the destruction by fire of his property, alleged to have been caused by the negligence of the defendant in running an engine not in proper repair, and in negligently operating such engine; that, by reason of such negligence, sparks of fire escaped from such engine, and set fire to the dry grass and other combustible material negligently permitted to accumulate.and remain on the right of way, and was negligently permitted by the defendant to escape from said right of way to plaintiff’s property. The complaint alleges that such engine started…
2Cases cited16 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- American Book Co. v. Kingdom Publishing Co.Supreme Court of Minnesota · 1898
- Young v. LynchWisconsin Supreme Court · 1886
- Adamson v. RaymerWisconsin Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- State v. CruikshankNorth Dakota Supreme Court · 1904
- Schutt v. Federal Land BankNorth Dakota Supreme Court · 1942
- Hanson v. LindstromNorth Dakota Supreme Court · 1906
- State Ex Rel. Wong Sun v. District CourtMontana Supreme Court · 1941
7 more not listed; retrieve them via the Exa API.