Froelich v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from tbe District Court of Morton County, Honorable J. M. Hanley, Judge. Negligence is never presumed, but is an affirmative fact, and the burden of proving it is on the plaintiff in' order to make out a case. Manson v. G-..N. R. Co. 31 N. D. 647; Adams v. Paper Co. 143 N. W. 658; Patton v. Texas & P. R. Co. 179 IJ. S. 658; Pioneer Const.
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Appeal from tbe District Court of Morton County, Honorable J. M. Hanley, Judge. Negligence is never presumed, but is an affirmative fact, and the burden of proving it is on the plaintiff in' order to make out a case. Manson v. G-..N. R. Co. 31 N. D. 647; Adams v. Paper Co. 143 N. W. 658; Patton v. Texas & P. R. Co. 179 IJ. S. 658; Pioneer Const. Co. v. Sandberg, 98 111. App. 36; Ryan v. McCully (Mo.) 27 S. W. 533; Goldstein v. People’s R. Co. (Del.) 60 Atl. 975; Duntley v. Inman Poulson Co. 70 Pac. 529; C. & N. W. R. Co. v. O’Brien, 132 Fed. 593; Sandrew v. R. Co. 142 Fed. 320; Mexican C. R.…
1DissentBronson, J.
(upon rehearing). I dissent. This is an action for personal injuries. Upon trial in the district court of Morton county before a jury, a verdict was rendered for the plaintiff in the sum of $5,000. Judgment was entered accordingly. Thereafter*, the defend-? *561ant made a motion for judgment non obstante, or, in the alternative, for a new trial. The trial court denied such motion. The defendant has appealed from the judgment and the order denying such motion. In a former opinion this court reversed the judgment and ordered dismissal of this action. There is evidence in the record to show the…
2Cases cited29 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
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