Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from Distiict Court, McLean county; Winchester, J. Action by Andrew Anderson against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From an order overruling a motion for judgment notwithstanding the verdict and from a judgment for plaintiff, defendant appeals. If proof fails to show killing statutory presumption does not arise. Southern R. Co. v. Forsythe, 23 Ky.
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Appeal from Distiict Court, McLean county; Winchester, J. Action by Andrew Anderson against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From an order overruling a motion for judgment notwithstanding the verdict and from a judgment for plaintiff, defendant appeals. If proof fails to show killing statutory presumption does not arise. Southern R. Co. v. Forsythe, 23 Ky. L. R. 942; 64 S. W. 506; Southern R. Co. v. McMillan, 101 Ga, 116; 28 S. E. 599. Presumption must rest upon acknowledged or established facts. Richmond v. Aiken, 25 Vt. 324; Hammond v. Smith, 17 Vt. 231. A dead…
1Opinion of the CourtSpalding, J.
Plaintiff recovered judgment in justice court, and, on appeal, in the district court for the value of a horse which he alleges in his complaint was negligently injured by the defendant on or about the 21st day of December, 1905, by being run against or over by one of defendant’s locomotives and cars. The answer to the complaint is a general denial. The record shows that, at the point where the horse was found after the injury, three or four miles northwest of Washburn, defendant’s railroad track runs northwest and southeast through a cut 10 or 15 feet deep and 600 or more feet, long, and that…
2Cases cited3 opinions
- Hodgins v. Minneapolis, St. Paul & Sault Ste. Marie RailroadNorth Dakota Supreme Court · 1893
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Cumming v. Great Northern Railway Co.North Dakota Supreme Court · 1906
3Cited by3 opinions
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Reinke v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Brookings v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920