Brown v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from tbe District Court of Richland County, Honorable F. J. Graham, Judge. When a prima facie case has been met by evidence which is not in conflict with material evidence, or with the circumstances surrounding the injury or killing, the presumption arising under the statute is eliminated, and it becomes incumbent upon the plaintiff to show actual negligence by a fair preponderance of the evidence.
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Appeal from tbe District Court of Richland County, Honorable F. J. Graham, Judge. When a prima facie case has been met by evidence which is not in conflict with material evidence, or with the circumstances surrounding the injury or killing, the presumption arising under the statute is eliminated, and it becomes incumbent upon the plaintiff to show actual negligence by a fair preponderance of the evidence. Whether such presumption has been fully met and overcome by the defendant’s evidence is, in the first instance, a question of law. Hod-gins v. R. Co. 3 N. D. 382; Smith v. R. Co. 3 N. D. 17;…
1Opinion of the CourtRobinson, J.
This is an appeal from a judgment against the Director General of Railroads and the railroad company for $500 and interest, as the value of four poor, senseless horses that were turned out on the prairies in the zero months of January and February, 1918, to live or die, survive or perish. It was on a zero'night in February, at a time when all good and valuable horses should have been at home and in bed, that the poor, senseless animals were killed. And, under the circumstances, who will blame the animals or reflect on their intelligence if they deliberately committed suicide by running across…
2Cited by2 opinions
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