Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by P. J Carr and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Verdict for plaintiffs. From an order denying its motion for a new trial, defendant appeals. There can be no recovery unless defendant’s trainmen failed to exercise ordinary care to prevent injury to stock after they are discovered in a place of danger. Wright v. Minneapolis, St. P. 6 S. Ste. M. Ry.
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Appeal from District Court, Foster county; Burke, J. Action by P. J Carr and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Verdict for plaintiffs. From an order denying its motion for a new trial, defendant appeals. There can be no recovery unless defendant’s trainmen failed to exercise ordinary care to prevent injury to stock after they are discovered in a place of danger. Wright v. Minneapolis, St. P. 6 S. Ste. M. Ry. Co. 12 N. D. 159, 96 N. W. 324; Peterson v. Wisconsin Cent. Ry. Co. 56 N. W. 639; Carey v. Chicago, M. & St. P. Ry. Co. 20 N. W. 648;…
1Opinion of the CourtSpalding, J.
This is an action for the killing of certain cattle and the injury of others, the property of the plaintiffs, by a railway train of the defendant, on the defendant’s right of way in section 1, township 145, range 66. The verdict was for plaintiffs in the sum of $90. Defendant’s' motion for a new trial was denied, and from this order defendant appeals.
In their complaint the plaintiffs allege damages in the sum of $100, and charge the defendant, through its agents and employes, with carelessness and negligence in running and operating its train, which resulted in the killing and injury. The…
2Cases cited14 opinions
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Tice v. MandelNorth Dakota Supreme Court · 1956
- Olson v. Cass County Electric Co-Operative, Inc.North Dakota Supreme Court · 1959
- Smith v. KnutsonNorth Dakota Supreme Court · 1949
- Loveland v. NietersNorth Dakota Supreme Court · 1952
23 more not listed; retrieve them via the Exa API.