Clair v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Goss, J. Action by James Clair against the Northern Pacific Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
Morgan, Ch. J.
This is an action to recover damages against the defendant for the killing of plaintiff’s horse, through the alleged negligence of the defendant’s employees, in operating a train on January 4, 1905. The horse was killed at about 1:30 a. m:. of said day, while it was on the defendant’s track, some considerable distance from a. crossing. The train was running between 20 and 25 miles an hour, and consisted of an engine with eight freight cars. The engine and; *121braking appliances were in good working order. Tbe engineer first distinctly saw tbe horse when it was 5 car lengths ahead…
2Cases cited7 opinions
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Hodgins v. Minneapolis, St. Paul & Sault Ste. Marie RailroadNorth Dakota Supreme Court · 1893
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
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3Cited by2 opinions
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Company "A" First Regiment North Dakota National Guard Training School v. HughesNorth Dakota Supreme Court · 1925