Legal Opinion

Haug v. Great Northern Railway Co.

North Dakota Supreme Court

Decided April 28, 1898Published

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

ON REHEARING.

Bartholomew, C. J.

There is one question involved in this case that was not disposed of in the original opinion. It was not mentioned in oral argument upon the first hearing, and, while it was briefly treated in respondent’s brief, yet we overlooked it, and hence, on respondent’s petition, we ordered a reargument.

It is urged that the complaint contains no specific allegations showing'that this plaintiff or the heirs of.Jacob C. Haug have suffered any pecuniary loss or damage by reason of his death, and that only actual pecuniary damages can be recovered in an action of this…

2Cases cited23 opinions

  1. Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  2. Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
  3. Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
  4. Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
  5. Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867

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