Smith v. Northern Pacific Railroad
North Dakota Supreme Court
Appeal from District Court, La Moure County; Rose, J. Action by Fred. H. Smith against the Northern Pacific Railroad Company, for damages caused by a prairie fire set by one of defendant’s locomotives. Judgment for plaintiff. Defentant appeals. Section 5097, Comp. Laws of N. D., is identical with § 580, Code of Civil Procedure of California.
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Appeal from District Court, La Moure County; Rose, J. Action by Fred. H. Smith against the Northern Pacific Railroad Company, for damages caused by a prairie fire set by one of defendant’s locomotives. Judgment for plaintiff. Defentant appeals. Section 5097, Comp. Laws of N. D., is identical with § 580, Code of Civil Procedure of California. Under this section it has been held that if there is an answer, the court may disregard the prayer in the complaint and give the plaintiff suitable relief. Iruebody v. Jacobson, 2 Cal. 283; N. C. & S. C. Co. v. Kidd, 37 Cal. 301; Cassacia v. Phcenix Co.,…
1Opinion of the CourtCorliss, C. J.
The plaintiff and respondent has recovered, judgment for damages occasioned by a prairie fire set out by one of defendant’s locomotives. Before coming to. the merits we, have several questions to dispose of. In due time the defendant presented • to the District Court of the state its petition for removal of the cause to the Federal Circuit Court. The denial of this application for removal is assigned as error. The only point here involved is whether the matter in dispute in this case at the time of filing this petition exceeded, exclusive of interest and costs, the sum or value of $2,000. If…
2Cases cited14 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Greenfield v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Koontz v. O. R. & N. Co.Oregon Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Nashville Gas & Heating Co. v. PhillipsCourt of Appeals of Tennessee · 1933
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Bacon v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
9 more not listed; retrieve them via the Exa API.