Boulger v. Northern Pacific Railway
North Dakota Supreme Court
Actions to recover for injuries occasioned by tbe flooding of plaintiff’s premises. Appeal from tbe District Court of Stark County, Honorable W. G. Grain ford, Judge. Motion for judgment on special verdicts denied and new trials ordered. Defendant appeals. Statement of facts by Bsuce, Ob.
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Actions to recover for injuries occasioned by tbe flooding of plaintiff’s premises. Appeal from tbe District Court of Stark County, Honorable W. G. Grain ford, Judge. Motion for judgment on special verdicts denied and new trials ordered. Defendant appeals. Statement of facts by Bsuce, Ob. J. These are actions for damages occasioned by tbe flooding of tbe plaintiffs’ premises by water alleged to bave been obstructed by tbe defendants’ railroad embankment, and during tbe same storm as that which was considered in the cases of Soules v. Northern P. R. Co. 34 N. D. 7, L.R.A.1917A, 501, 157 N. W.…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). Though these are actions for damages occasioned by the same flood which was involved in the prior cases of Soules v. Northern P. R. Co. 34 N. D. 7, L.R.A. 1917A, 501, 157 N. W. 823, and Reichert v. Northern P. R. Co. — N. D. —, 167 N. W. 127, the buildings which are here claimed to have been flooded were situated at a greater distance from and at a higher elevation than those which were therein injured, and it may well have been that the waters flowing back from the railway culvert or embankment would have flooded the buildings on this lower…
2Cases cited22 opinions
- Brazil Block Coal Co. v. HoodletIndiana Supreme Court · 1891
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Target Stores v. Automated Maintenance Services, Inc.North Dakota Supreme Court · 1992
- Thorson v. City of MinotNorth Dakota Supreme Court · 1967
- Henderson v. HinesNorth Dakota Supreme Court · 1921
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1923
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