Haug v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Traill County, Pollock, J. Action by Olea C. Haug against The Great Northern Railway Company, to recover damages, for the death of her husband Jacob C. Haug, alleged to have been caused by the wrongful act of the railway company. Judgment for defendant on demurrer to the complaint. Plaintiff appeals.
1Opinion of the CourtCorliss, C. J.
It is difficult to discover from the complaint or the plaintiff’s brief the precise legal theory on which she seeks to sustain this action. Our first impression was against the sufficiency of the complaint, which has been thus far successfully attacked by demurrer. But on a more careful analysis of-its averments and after eliminating therefrom all immaterial allegations which tend only to obscure the question of liability, we are convinced that the plaintiff has disclosed a state of facts which establish such a breach of duty on the part of the defendant as renders it responsible to her in…
2Cases cited19 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
- Lake Shore & Michigan Southern Railway Co. v. RosenzweigSupreme Court of Pennsylvania · 1886
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3Cited by24 opinions
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Hopkins v. McBaneNorth Dakota Supreme Court · 1988
- Coakley v. AjuriaCalifornia Supreme Court · 1930
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
19 more not listed; retrieve them via the Exa API.