Legal Opinion

Engstrom v. Nelson

North Dakota Supreme Court

Decided February 7, 1919PublishedCited by 4 opinions

Appeal from District Court, Burke County, Leighton, J. Civil action for assault and battery. A nonprofessional witness wbo bas observed a sick or injured person may testify as to bis opinion as to sucb person’s pbysicial condition. Hall v. Austin, 73 Minn. 134, 75 N. W. 1121; Jackson v. Wells, 13 Tes. Civ. App. 275, 35 S. W. 528; Wright v. Ft. Howard, 60 Wis. 119, 18 N. W. 750; Smalley v. Appleton, 70 Wis. 344; Keller v. Gil-man, 93 Wis. 9, 66 N. W. 800; Carthage Turnp.

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Appeal from District Court, Burke County, Leighton, J. Civil action for assault and battery. A nonprofessional witness wbo bas observed a sick or injured person may testify as to bis opinion as to sucb person’s pbysicial condition. Hall v. Austin, 73 Minn. 134, 75 N. W. 1121; Jackson v. Wells, 13 Tes. Civ. App. 275, 35 S. W. 528; Wright v. Ft. Howard, 60 Wis. 119, 18 N. W. 750; Smalley v. Appleton, 70 Wis. 344; Keller v. Gil-man, 93 Wis. 9, 66 N. W. 800; Carthage Turnp. Co. v. Andrews, 102 Ind. 138. Where a cross-examiner seeks to impair the credibility of a witness by proof of collateral…

1Opinion of the CourtBronson, J.

The plaintiff sued the defendants for assault and battery. Upon trial in the district court of Burke county before a jury a verdict was returned for the defendants. Erom the judgment *532rendered thereupon, the plaintiff appeals and specifies thirty-nine errors of law committed by the trial court during the course of the trial. Thirty-six of such specifications relate to rulings of the trial court upon the admission of evidence and to remarks to the trial court occurring during the trial. Three of such specifications concern instructions of the trial court to the jury. The cause of action arose…

2Cases cited6 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. State v. HazletNorth Dakota Supreme Court · 1907
  3. State v. NyhusNorth Dakota Supreme Court · 1909
  4. Schnase v. GoetzNorth Dakota Supreme Court · 1909
  5. Satham v. MuffleNorth Dakota Supreme Court · 1912

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

3Cited by4 opinions

  1. Clark v. JosephsonNorth Dakota Supreme Court · 1954
  2. Renner v. MurrayNorth Dakota Supreme Court · 1965
  3. Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
  4. Piechotta v. FriedNorth Dakota Supreme Court · 1920

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