Baird v. Chambers
North Dakota Supreme Court
Appeal from District Court, Kidder county; Winchester, J. Action by W. O. Baird and others against H. C. Chambers. Judgment for plaintiffs, and defendant appeals. Negligence or misconduct is the gist of liability and the burden of proving it is on the plaintiff. Shearman & Redfield on negligence (5th Ed.) section 668; Mattoon v. Fremont, Etc., Ry.
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Appeal from District Court, Kidder county; Winchester, J. Action by W. O. Baird and others against H. C. Chambers. Judgment for plaintiffs, and defendant appeals. Negligence or misconduct is the gist of liability and the burden of proving it is on the plaintiff. Shearman & Redfield on negligence (5th Ed.) section 668; Mattoon v. Fremont, Etc., Ry. Co., CO N. W. 69; Sweeny v. Merrill, 16 Pac. 454; Nass v. Schulz, 81 N. W. 133. The defendant cannot be held answerable in damages, for the reasonable and proper exercise of a lawful right, attended by a cautious regard for the rights of others,…
1Opinion of the CourtEngerud, J.
This is an action to recover compensation for the destruction of plaintiff’s property by a prairie fire. It is alleged that the defendant negligently kindled the fire on his premises, and negligently permitted it to spread so as to cause the damage complained of. It is undisputed that the fire in question was started on defendant’s premises and spread from there to plaintiff’s ranch about seven or eight miles distant, and destroyed plaintiff’s property. The defendant, however, did not kindle the fire and was in no manner responsible for the kindling thereof. He discovered the fire, however, a…
2Cases cited1 opinion
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- Excelsior Products Manufacturing Co. v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
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