Gladstone Equity Exchange Co. v. Hines
North Dakota Supreme Court
From a judgment of the District Court of Stark County, LembTce, J., defendants appeal. When plaintiff claims damages because of fire, which he avers was started through the neglect to observe due care and caution, his proofs must establish the charge. Mere speculation or possibility will not do.
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From a judgment of the District Court of Stark County, LembTce, J., defendants appeal. When plaintiff claims damages because of fire, which he avers was started through the neglect to observe due care and caution, his proofs must establish the charge. Mere speculation or possibility will not do. Sheldon v. R. Co. 29 Barb. 228; Longabaugh v. R. Co. 9 Nev. 296; Smith v. R. Co. 27 Mo. 295; Omaha R. Co. v. Ckarj (Neb.) 23 L.R.A. 509, 53 N. W. 970; Kilpatrick v. Richardson (Neb.) 56 N. W. 481; White v. R. Co. 1 S. D. 330, 9 L.R.A. 824, 47 N. W. 146; Sheldon v. R. Co. 29 Barb. 228. A lease by a…
1Opinion of the CourtChristianson, J.
Plaintiffs brought this action to recover damages occasioned by the destruction by fire of the elevator belonging to tbe Gladstone Equity Elevator Exchange on August 26, 1918. The elevator was situated on the right of way of the Northern Pacific Bailway Company at Gladstone in Stark county in this state. It is alleged that the elevator was burned because of the negligence of the defendants, *457the Director General and his agent, Day. The complaint alleges that the Gladstone Equity Elevator Exchange was the owner of the property destroyed; that such property was of the value of $25,000; that the…
2Cases cited8 opinions
- Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Steenerson v. FontaineSupreme Court of Minnesota · 1908
- Connors v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1900
- Cooper v. Northern Pac. Ry. Co.District Court, D. Montana · 1914
- Hibbard v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
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3Cited by2 opinions
- United States Fire Insurance v. Northern Pacific Railway Co.Washington Supreme Court · 1948
- Sargent County v. StateNorth Dakota Supreme Court · 1921