Nygaard v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action for personal injuries in District Court, Stutsman County, Coffey, J. The defendant has appealed from an order granting a new trial. Complaint cannot be made of failure to instruct unless there is a request for further instruction made. State v. Glass, 29 N. D. 620; North Star Lumber Co. v. Eosenquist, 29 N. D. 567; State ex rel.
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Action for personal injuries in District Court, Stutsman County, Coffey, J. The defendant has appealed from an order granting a new trial. Complaint cannot be made of failure to instruct unless there is a request for further instruction made. State v. Glass, 29 N. D. 620; North Star Lumber Co. v. Eosenquist, 29 N. D. 567; State ex rel. People v. Banik, 21 N. D. 425 ; Chrestenson v. Harms, 161 N. W. 346; Huber v. Seiszler, 37 N. D. 556. A finding that plaintiff was negligent or defendant negligent, or that plaintiff had or had not assumed the risk of injury, would be a legal conclusion on the…
1Opinion of the CourtBronson, J.
Statement.—This is an action to recover personal injuries. The plaintiff, while employed by the defendant upon a pile driver, as a signal man, was injured on May 18th, 1917, by the breaking of a rope which permitted a heavy iron bar to fall upon his back. This rope was used to hold certain iron braces or arms in place in connection with the work of the pile driver.
The complaint, as amended, alleges that the parties were then engaged in interstate commerce; that this rope, so used in connection with the pile driver, was negligently permitted by the defendant to become old, worn, frazzled and…
2Cases cited4 opinions
- Morrison v. LeeNorth Dakota Supreme Court · 1904
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Lathrop v. Fargo-Moorhead Street Railway Co.North Dakota Supreme Court · 1912
- Swallow v. First State BankNorth Dakota Supreme Court · 1917
3Cited by5 opinions
- Daniels v. PayneNorth Dakota Supreme Court · 1921
- Amenia & Sharon Land Co. v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1922
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1923
- Salewski v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1920
- Salewski v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1920