McGilvra v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Action to recover damages for injury occasioned by a prairie fire. Appeal from the District Court of McIntosh County, Frank Allen, J. Judgment for plaintiff. Defendant appeáls.
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Action to recover damages for injury occasioned by a prairie fire. Appeal from the District Court of McIntosh County, Frank Allen, J. Judgment for plaintiff. Defendant appeáls. At common law nnattested instruments were only admissible in evidence when the exhibit was proved by someone who was present and saw the execution, or by testimony or admission of the person signing same, or by testimony of someone familiar with the handwriting of the maker. 17 Cyc. 155, 442. • In proving value of personal property, “one who has merely heard of sales is not thereby qualified.” Thompson v. Moiles, 46…
1Opinion of the CourtBruce, J.
This is an action to recover damages for the destruction of hay and injury to real estate by reason of a fire claimed to have been set by the defendant’s engine at a point about 3 miles southeast of the town of Wishek, in McIntosh county. A judgment for $750.08 was entered for the plaintiff, and against the defendant, and the defendant appeals. This opinion is written after a rehearing.
■Appellant first contends there was no evidence to go to the jury on the question as to whether the defendant caused the fire. All of the evidence that there is upon the subject is that a passenger upon a train…
2Cases cited13 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Sloan v. . BairdNew York Court of Appeals · 1900
- Babcock v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1912
- Seckerson v. SinclairNorth Dakota Supreme Court · 1913
- Smith v. Northern Pacific RailroadNorth Dakota Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Butler v. &198tna Insurance Co.North Dakota Supreme Court · 1934
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
- Imus v. HuberNorth Dakota Supreme Court · 1955
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Smith v. RiedingerNorth Dakota Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.