Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Wells county; Edward T. Burke, J. Action by George E. Kunkel and others against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiffs, and defendant appeals. One walking along a railroad track with the railroad company’s invitation as others are .permitted to so walk, is a licensee, for whose injury recovery cannot be had unless caused wilfully or by negligence so gross as to imply wilfulness.
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Appeal from District Court, Wells county; Edward T. Burke, J. Action by George E. Kunkel and others against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiffs, and defendant appeals. One walking along a railroad track with the railroad company’s invitation as others are .permitted to so walk, is a licensee, for whose injury recovery cannot be had unless caused wilfully or by negligence so gross as to imply wilfulness. Pleiss v. C. R. I. & P. Ry. Co., 72 N. W..787; C. C. C. & St. L. Ry. Co, v. Tartt, 64 Fed. 833, 827; Johnson v. B. & M. R. R. Co., 125 Mass.…
1Opinion of the CourtCarmody, J.
This is an action brought by minor children, who are represented by a guardian, and by adult children to recover damages for -the death of their father, Wm. A. Kunkel, whom it is claimed was negligently struck and fatally injured by one of defendant’s trains. The trial court denied defendant’s motion for a directed verdict, and submitted the question 'of its liability to the jury. There was a verdict for plaintiffs, and judgment accordingly. The court denied defendant’s motion for a judgment notwithstanding the verdict. Thereupon judgment was duly entered in favor of plaintiffs and against…
2Cases cited44 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- United States v. ReisingerSupreme Court of the United States · 1888
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
39 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Solberg v. SchlosserNorth Dakota Supreme Court · 1910
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
19 more not listed; retrieve them via the Exa API.