Mares v. Northern Pacific R. R.
Supreme Court Of The Territory Of Dakota
Appeal from the District Cowt of Oass Oomvty. Yerdict for plaintiff for $20,000 damages. The facts necessary to an understanding of the points decided are stated in the opinion. Mares, when he mounted the car, was perfectly aware of the reckless and dangerous frame of mind in which Bassett was at the time, and also of the fact that the cars were then being handled in a way full of peril to every one working about them.
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Appeal from the District Cowt of Oass Oomvty. Yerdict for plaintiff for $20,000 damages. The facts necessary to an understanding of the points decided are stated in the opinion. Mares, when he mounted the car, was perfectly aware of the reckless and dangerous frame of mind in which Bassett was at the time, and also of the fact that the cars were then being handled in a way full of peril to every one working about them. He had the power, had he seen fit to exercise it, to call Bassett to a halt — to stop him entirely before mounting the car. It will not do to say that Mares may not have…
1Opinion of the CourtHudson, J.
The plaintiff in this case was employed by the defendant as a brakeman in its yard at Fargo. While so employed it was his duty to switch and distribute cars and make up trains each day and night. To do such work a switch engine was employed, propelled by steam; and to run and operate this engine, one Bassett was employed by the defendant, and did serve on said engine.
It is alleged in the complaint of the plaintiff, in substance, (and seems to have been maintained by proof) that said engineer was a man of hasty and excitable disposition and ungovernable temper, and had been, while in the…
2Cases cited9 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Chambers v. WatsonSupreme Court of Iowa · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Wiggins v. Pay's Art StoreSouth Dakota Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.