Northern Pacific Railroad v. Mares
Supreme Court of the United States
This was an action at law brought by the defendant in error against the Northern Pacific Railroad Company, in the District Court of the Third Judicial District of the Territory of Dakota, to recover damages for personal injuries alleged to have been received by the plaintiff while in the employ of the defendant, by reason of its alleged negligence.
Read the full summary
This was an action at law brought by the defendant in error against the Northern Pacific Railroad Company, in the District Court of the Third Judicial District of the Territory of Dakota, to recover damages for personal injuries alleged to have been received by the plaintiff while in the employ of the defendant, by reason of its alleged negligence. The cojnplaint alleged that on October 31, 1881, the plaintiff was in the employ of the defendant as a brakeman on duty as such in the yard at the city of Fargo, used for the purpose of switching cars to make, up trains, in which service a…
1Opinion of the CourtJustice Matthews
It appears from the bill of exceptions that at the conclusion of the plaintiff’s case counsel for the defendant moved for a non-suit, which the court denied, and an exception ivas taken, which is still insisted on here. The defendant’s counsel, however, offered evidence in support of the defence, and thereby waived this exception. Accident Ins. Co. v. Crandal, 120 U. S. 527. "When all the evidence had been submitted on both sides, the defendant by its counsel demurred to the evidence and moved the court to dismiss the action, which the court refused to do; and thereupon the defendant…
2Cases cited1 opinion
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
3Cited by73 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Bogk v. GassertSupreme Court of the United States · 1893
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
68 more not listed; retrieve them via the Exa API.