Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Chas. A. Pollock, J. Action by Ray Umsted, by Albert Umsted, his guardian ad litem, against the Colgate Farmers’ Elevator Company. Judgment for plaintiff, and defendant appeals. Where both parties are guilty of negligence no recovery can be had. West v. N. P. Ry.
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Appeal from District Court, Cass county; Chas. A. Pollock, J. Action by Ray Umsted, by Albert Umsted, his guardian ad litem, against the Colgate Farmers’ Elevator Company. Judgment for plaintiff, and defendant appeals. Where both parties are guilty of negligence no recovery can be had. West v. N. P. Ry. Co., 13 N. D. 221; 100 N. W. 254; Labat, Master and Servant, Sec. 339. Where dangers are open and obvious or may be discovered by the exercise of prudence and care, attention need not be called to them. Carlson v. Sioux Falls Co., 8 S. D. 47; 65 N. W. 419; Anderson v. Winston, 31 Fed. 528;…
1Opinion of the CourtFisk, J.
Plaintiff, as guardian ad litem for one Ray Umsted, recovered judgment against defendant in the court below'for the sum of $5,000 as damages for the alleged negligence of the defendant, resulting in serious personal injury to such minor. At the conclusion of the plaintiff’s testimony, defendant moved for a directed verdict, which motion was denied, and an exception taken. At the close of all the testimony, defendant renewed its motion for a directed verdict, which was also denied, and an exception saved. Thereafter, on plaintiff’s motion, the trial court, over defendant’s objection,…
2Cases cited31 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Bartelott v. International BankIllinois Supreme Court · 1887
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
26 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1923
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Citizens National Bank v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.