Gram Construction Co. v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
"Action to recover damages for injuries occasioned by the construction of a spur track in a public street. Appeal from the District Court of Ramsey County, Honorable G. W. Buitz, J. Judgment for plaintiff. Defendant appeals. “We must never lose sight of the fact that the question of negligence has nothing whatever to do with the question of the right to recover damages, where such damages have resulted from the exercise of the power of eminent domain.”
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"Action to recover damages for injuries occasioned by the construction of a spur track in a public street. Appeal from the District Court of Ramsey County, Honorable G. W. Buitz, J. Judgment for plaintiff. Defendant appeals. “We must never lose sight of the fact that the question of negligence has nothing whatever to do with the question of the right to recover damages, where such damages have resulted from the exercise of the power of eminent domain.” Hyde v. Minnesota, D. & P. R. Co. 29 S. D. 220, 40 L.R.A.(N.S.) 48, 136 N. W. 92. There is nothing in the evidence to show or justify the…
1Opinion of the CourtBruce, J.
This is an action to recover for damages alleged to have been occasioned to plaintiff’s property in the city of Devils Lake, by reason of the construction and operation, by the defendant railway company, of a spur track in the street in front of the same. The defendant appeals from a judgment for $625, which was entered on the verdict of the jury; motions for a directed verdict and for judgment non obstante veredicto having been denied.
The first error assigned is that alleged to have been committed by tbe court in allowing tbe plaintiff to amend his complaint after the motion for judgment non…
2Cases cited6 opinions
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Chicago, Rock Island & Pacific Railway Co. v. O'NeillNebraska Supreme Court · 1899
- Chicago, Burlington & Quincy Railroad v. O'ConnorNebraska Supreme Court · 1894
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eck v. City of BismarckNorth Dakota Supreme Court · 1979
- Jamestown Plumbing & Heating Co. v. City of JamestownNorth Dakota Supreme Court · 1968
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- City of Fargo v. FahrlanderNorth Dakota Supreme Court · 1972
- Murphy v. City of BismarckNorth Dakota Supreme Court · 1961
8 more not listed; retrieve them via the Exa API.