Wyldes ex rel. McLaughlin v. Patterson
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Nuessle, I.. Action for personal injuries. Judgment for plaintiff. Defendant appeals.
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Appeal from the District Court of Burleigh County, Nuessle, I.. Action for personal injuries. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This action was brought to recover damages for personal injuries sustained by the plaintiff, while in the defendant’s employ in the construction of the McKenzie Hotel in Bismarck, in the month of November, 1910. The case was first tried before a court and a jury in June, 1911. At the conclusion of the evidence and on the defendant’s motion, a verdict was directed in his favor. On an appeal being taken, this judgment was…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The facts in this case as disclosed upon the second trial are not materially different from those disclosed upon the former hearing. (See Wyldes v. Patterson, 24 N. D. 218, 139 N. W. 577.) The only material difference seems to be that the height of the building is more definitely fixed, and is now, excluding the scroll work of the cornice, which was put on after the accident, put at 78 feet, 2-J inches, instead of at 70 feet, as upon the former trial, and in the former appeal. The distance of the west wall of the engine house from the base of the building…
2Cases cited66 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- People v. MaughsCalifornia Supreme Court · 1906
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Baustian v. YoungSupreme Court of Missouri · 1899
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3Cited by19 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Larson v. MeyerNorth Dakota Supreme Court · 1965
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Schnell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1941
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