Legal Opinion

O'Leary v. Brooks Elevator Co.

North Dakota Supreme Court

Decided May 27, 1898PublishedCited by 14 opinions

Appeal from District Court, Traill County; Pollock, J. Action by Joseph J. O’Leary, by J, D. O’Leary, his guardian, against the Brooks Elevator Company. From a judgment entered on a verdict directed for defendant, plaintiff appeals. The claim that a man can do as he pleases on or within his own premises is not correct. A technical trespass by plaintiff does not bar a recovery. Fisher v. Clark, 41 Barb. 329; Radcliffe v. Mayor, 4 N. Y. 195, 53 Am.

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Appeal from District Court, Traill County; Pollock, J. Action by Joseph J. O’Leary, by J, D. O’Leary, his guardian, against the Brooks Elevator Company. From a judgment entered on a verdict directed for defendant, plaintiff appeals. The claim that a man can do as he pleases on or within his own premises is not correct. A technical trespass by plaintiff does not bar a recovery. Fisher v. Clark, 41 Barb. 329; Radcliffe v. Mayor, 4 N. Y. 195, 53 Am. Dec. 357; Brinkley Car Works, etc. Co. v. Cooper, 31 S. W. Rep. 154; Railroad v. Stoupe, 21 L. Ed. 745; Keffee v. Ry. Co., 21 Minn. 207; Nagel v.…

1Opinion of the CourtBartholomew, J.

Action for damages for a personal injury caused by the alleged negligence of defendant. When the evidence was closed, the court, on defendant’s motion, directed a verdict in its favor. The facts admitted, and which plaintiff’s evidence tended to establish, are as follows: The plaintiff, Joseph J. O’Leary, is a minor, and was 11 years old at the time of the trial, which was in January, 1897. J. D. O’Leary is plaintiff’s duly appointed guardian. The defendant is a corporation, and at the time of the injury complained of, and for several years prior thereto, owned and operated a grain elevator…

2Cases cited29 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Powers v. HarlowMichigan Supreme Court · 1884
  3. City of Pekin v. McMahonIllinois Supreme Court · 1895
  4. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  5. Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875

24 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Larson v. MeyerNorth Dakota Supreme Court · 1965
  2. Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
  3. Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
  4. Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
  5. Mikkelson v. RisoviNorth Dakota Supreme Court · 1966

9 more not listed; retrieve them via the Exa API.

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