Dougherty v. Davis
North Dakota Supreme Court
From a judgment of the District court of Richland county, Allen> J. plaintiff appeals. The test as to whether there is an implied invitation is stated by Mr. Campbell in his treatise on negligence in the following language: “The principle appears to be that invitation is inferred where there is a common interest or mutual advantage, while a license is inferred where the object is a mere pleasure or benefit of the person using it.”
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From a judgment of the District court of Richland county, Allen> J. plaintiff appeals. The test as to whether there is an implied invitation is stated by Mr. Campbell in his treatise on negligence in the following language: “The principle appears to be that invitation is inferred where there is a common interest or mutual advantage, while a license is inferred where the object is a mere pleasure or benefit of the person using it.” This language is quoted with approval in Bennett v. Louisville & N. Ry. Co. 102 U. S. 577, 26 L. ed. 235. Cogsw.ell v. Atchison T. & S. F. Ry. Co. (Okla.) 99 Pac.…
1Opinion of the Court
Christianson, J‘.
This is an action to recover damages for personal injuries sustained by' thé plaintiff at the station of the’Chicago, Milwaukee & St. Paul Railway Company in Fairmount, Richland county, in this state. ' The injuries were sustained1 on the evening of’January-31, 1920, and were occasioned by one of the passenger coaches on a south-bound passenger train operated by the defendant colliding with a sled Which was standing on the station platform at Fairmount, causing said sled to be’ thrown against the plaintiff.1 The plaintiff, at the time of the injury, was, and for a long time…
2Cases cited4 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Mangum v. North Carolina RailroadSupreme Court of North Carolina · 1907
- Irvin v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1910
- Chicago & Alton R. R. v. GoreAppellate Court of Illinois · 1902
3Cited by17 opinions
- Lindenberg v. FolsonNorth Dakota Supreme Court · 1965
- Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
- McCullagh v. FortuneNorth Dakota Supreme Court · 1949
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
- Logan v. SchjeldahlNorth Dakota Supreme Court · 1935
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