Krause v. City of Wilton
North Dakota Supreme Court
Action for personal injuries. Appeal from the District Court of McLean County, Honorable W. 8. Nuessle, Judge. Judgment for plaintiff. Defendant appeals. An injury alone is not sufficient to support a verdict in a personal injury action. There must be evidence of negligence on the part of defendant amounting to proximate cause. There is an entire want of proof of negligence on the part of appellant.
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Action for personal injuries. Appeal from the District Court of McLean County, Honorable W. 8. Nuessle, Judge. Judgment for plaintiff. Defendant appeals. An injury alone is not sufficient to support a verdict in a personal injury action. There must be evidence of negligence on the part of defendant amounting to proximate cause. There is an entire want of proof of negligence on the part of appellant. The proof shows that the sidewalk in question was receiving proper care by the appellant city, and that respondent’s injury was the result of her own negligence. Note in 43 L.R.A.(N.S.) 1158;…
1Opinion of the Court
Bruce, Ch. J.
This is an action to recover damages for an injury alleged to have been received by reason of three boards having been removed from a sidewalk in the city of Wilton. The defendant appeals and argues error in the court’s failure to direct a verdict for the defendant. It claims:
“1. That there was no defective sidewalk.
“2. That even if there was such a defect, the plaintiff is merely guessing that her injury was caused thereby.
“3. That she was guilty of contributory negligence.”
We cannot hold as a matter of law that there was no proof of negligence on the part of the defendant. The…
2Cases cited5 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- Earl v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Jackson ex rel. Moore v. City of JamestownNorth Dakota Supreme Court · 1916
- Moeller v. City of RugbyNorth Dakota Supreme Court · 1915
3Cited by7 opinions
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
- Keller v. Vermeer Manufacturing CompanyNorth Dakota Supreme Court · 1984
- Stokes v. DaileyNorth Dakota Supreme Court · 1957
- Bratvold v. LalumNorth Dakota Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.