Flamer v. Johnson
North Dakota Supreme Court
From a judgment of the District Court of Sargent County, Allen> J., defendant appeals. ■ “If a witness has disappeared from observation, he is in effect unavailable for the purpose of compelling his attendance. Such a disappearance is shown by the party’s inability to find him after diligent search.”
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From a judgment of the District Court of Sargent County, Allen> J., defendant appeals. ■ “If a witness has disappeared from observation, he is in effect unavailable for the purpose of compelling his attendance. Such a disappearance is shown by the party’s inability to find him after diligent search.” Wigmore, Ev. § 1405. The trend of courts during many years past has been towards the liberal rule of allowing the testimony of witnesses given on former trial to be proved on second trial. In proof of former testimony, the question of whether the testimony was taken in shorthand by a reporter, or…
1Opinion of the CourtChristianson, J.
This is an action to recover damages for the death of ,a mare belonging to the plaintiff. Plaintiff claims that this mare died as the result of certain injuries received while she was being bred to a stallion owned and handled by the defendant, and that these injuries, and the resultant death, were the direct and proximate results of the negligence and carelessness of the defendant in handling the stallion.
The action was originally commenced in the justice court of Sargent county and resulted in a judgment in favor of the plaintiff for $191.20 damages. An appeal was taken to the district…
2Cases cited4 opinions
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Felton v. Midland Continental RailroadNorth Dakota Supreme Court · 1915
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Emery v. First National BankNorth Dakota Supreme Court · 1916
3Cited by3 opinions
- Blasl v. PetersonNorth Dakota Supreme Court · 1952
- Fosston Manufacturing Co. v. LemkeNorth Dakota Supreme Court · 1919
- Stark v. BredahlWisconsin Supreme Court · 1936