Herbert v. Northern Pacific R. R.
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Ptorleigh County, 1. The defendant was entitled to the benefit of C. S. Weaver’s intelligence, fairness, and sound judgment as a juror in the cause. His examination upon his challenge did not develop any disqualification growing out of relationship to either party, and it absolutely negatived the existence of any actual lias towards either party.
Read the full summary
Appeal from the District Court of Ptorleigh County, 1. The defendant was entitled to the benefit of C. S. Weaver’s intelligence, fairness, and sound judgment as a juror in the cause. His examination upon his challenge did not develop any disqualification growing out of relationship to either party, and it absolutely negatived the existence of any actual lias towards either party. The right of a suitor to have his cause heard, and its decision participated in, by a juror who has been properly summoned, called in the panel, found without any disqualification specified in the statutes, and not…
1Opinion of the Court
Hudson J.
This action was brought to recover damages of the defendant company for causing a fatal inj ury to the plaintiff’s leg necessarily requiring amputation.
It appears from the undisputed testimony in the case that on the 24th day of October, 1879, the plaintiff was in the employ of the defendant as brakeman in defendant’s yard at Bismarck, and as such, it was his duty, among other things, to attend, set and loosen brakes when necessary, upon freight trains that came into the yard, in separating and distributing cars, under the immediate direction of the yard master, one G-ilboy. That…
2Cases cited12 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- State v. TernesNorth Dakota Supreme Court · 1977
- Titus v. TitusNorth Dakota Supreme Court · 1967
12 more not listed; retrieve them via the Exa API.