McTavish v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Pierce County; Morgan, J. Action by John McTavish against the Great Northern Railway Company. Judgment for .plaintiff.' Defendant appeals. The prima-facie presumption of negligence from the setting out of the fire by defendant’s engine raised by § 2984, Rev. Codes, is a disputable one and was rebutted by the facts admitted in the stipulation. Volkman v. Chicago, St. P. M. & 0. Ry. Co., 37 N. W. Rep. 73T S Dale. 69; Dailey v. C. M. & St. P. Ry.
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Appeal from District Court, Pierce County; Morgan, J. Action by John McTavish against the Great Northern Railway Company. Judgment for .plaintiff.' Defendant appeals. The prima-facie presumption of negligence from the setting out of the fire by defendant’s engine raised by § 2984, Rev. Codes, is a disputable one and was rebutted by the facts admitted in the stipulation. Volkman v. Chicago, St. P. M. & 0. Ry. Co., 37 N. W. Rep. 73T S Dale. 69; Dailey v. C. M. & St. P. Ry. Co., 43 Minn. 319; Menominee, etc. Co. v. Ry. Co., 65 N. W. Rep. 176; Spaulding v. Ry. Co., 33 Wis. 582; State v. Hodge, 50…
1Opinion of the CourtBartholomew, C. J.
Some questions of practice meet us on the threshold of this case, raised by respondent’s motion to dismiss the appeal. The case has already been once in this Court. See 8 N. D. 94, 76 N. W. Rep. 985. At that time a motion was made by respondent to strike the statement and abstract from the files for certain alleged defects, which motion was sustained. Thereupon both parties moved to dismiss the appeal; respondent with prejudice, and appellant without prejudice. An order of this Court was entered dismissing the appeal with prejudice, unless within a specified time appellant should pay…
2Cases cited15 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- In re WeberNorth Dakota Supreme Court · 1894
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
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3Cited by16 opinions
- Woodland v. WoodlandNorth Dakota Supreme Court · 1966
- Dallam v. SanchezSupreme Court of Florida · 1908
- G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Glanz v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
11 more not listed; retrieve them via the Exa API.