Abelstab v. Johnson
North Dakota Supreme Court
Appeal from the District Court of McLean County, Nuessle, J. Action for personal injuries; appeal from judgment rendered for plaintiff and from order of trial court denying motion for judgment non obstante. If the employee having an opportunity of acting in any one of two or more ways,' one of which is less safe than another, and knowingly chooses the less safe mode, he is deemed negligent and disentitled to recover, although the employer may also have been negligent.
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Appeal from the District Court of McLean County, Nuessle, J. Action for personal injuries; appeal from judgment rendered for plaintiff and from order of trial court denying motion for judgment non obstante. If the employee having an opportunity of acting in any one of two or more ways,' one of which is less safe than another, and knowingly chooses the less safe mode, he is deemed negligent and disentitled to recover, although the employer may also have been negligent. German Lumber Co. v. Hannah, 60 Fla. 10; Sehantz v. Eckhardt Mfg. Co. 112 La. 568; Bolton v. Jamar, 93 Ind. 404; Hurst v.…
1Opinion of the CourtBronson, J.
This is an action for personal injuries. The plaintiff was injured on October 20, 1917, in a lignite coal mine near Garrison, North Dakota, owned and operated by the appellant. In the trial court, the jury rendered a verdict for the plaintiff for $3,000, and upon the judgment entered thereupon and the order of the trial court denying appellant’s motion for judgment non obstante this appeal is prosecuted.
In the specifications of error the appellant challenges the sufficiency *402of the evidence to justify the verdict, and contends that the evidence discloses that the plaintiff was guilty of…
2Cases cited4 opinions
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Scheurer v. Banner Rubber Co.Supreme Court of Missouri · 1910
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Messenger v. Valley City StreetNorth Dakota Supreme Court · 1910
3Cited by3 opinions
- Lindenberg v. FolsonNorth Dakota Supreme Court · 1965
- Vick v. FanningNorth Dakota Supreme Court · 1964
- Bailey v. DavisNorth Dakota Supreme Court · 1922