Heckman v. Evenson
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by R. S, Heckman against P. S. Evenson to recover damages for personal injury. Verdict and judgment for plaintiff for $500 damages. Defendant appeals from an order denying him a new trial. The evidence shows that the surface of the stones in the street though uneven, were in such shape that traffic could be carried on over them more conveniently than before, and that horses stood on them daily.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by R. S, Heckman against P. S. Evenson to recover damages for personal injury. Verdict and judgment for plaintiff for $500 damages. Defendant appeals from an order denying him a new trial. The evidence shows that the surface of the stones in the street though uneven, were in such shape that traffic could be carried on over them more conveniently than before, and that horses stood on them daily. This unevenness is not such a defect as would render any one liable for an injury that might occur from stumbling on them. Raymond v.…
1Opinion of the CourtBartholomew, J.
This action was brought to recover damages for a personal injury. There was a verdict for plaintiff, a new trial was denied, and defendant appeals. There is but little conflict in the testimony. The plaintiff was a farmer living a few miles from the town of Northwood, in Grand Forks County, and was in the habit of marketing his produce and doing his trading in such town. The defendant was the owner of a store building on the principal business street in said town. This street had been improved in such a manner that it was highest in the center, and sloped gradually from the center to the…
2Cases cited36 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
31 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
22 more not listed; retrieve them via the Exa API.