Reichert v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action to recover damages for the flooding of a building. Appeal from the District Court of Stark County, W. O. Crawford, J. Judgment for plaintiffs. Defendant appeals. There is no negligence on the part of defendant proximately causing the loss claimed, shown by the testimony in this case. The plaintiff insists that, without reference to the question of negligence, the defendant is answerable in damages. Such is not the law.
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Action to recover damages for the flooding of a building. Appeal from the District Court of Stark County, W. O. Crawford, J. Judgment for plaintiffs. Defendant appeals. There is no negligence on the part of defendant proximately causing the loss claimed, shown by the testimony in this case. The plaintiff insists that, without reference to the question of negligence, the defendant is answerable in damages. Such is not the law. Broom, Legal Maxims, 8th ed. 365, and authorities cited; Carroll v. Eye Twp. 13 N. D. 458, 101 N. W. 894. In building its embankment and in putting in its culvert,…
1Opinion of the Court
Bruce, Ch. J.
This is an action to recover damages for an injury to the basement of a hotel and a stock of cigars and other articles contained therein by the obstruction and throwing back of storm waters.
The complaint alleges generally “that upon said right of way, on said date and for a long time prior thereto, the defendant maintained a high grade or embankment of earth rising several feet above the level of the surrounding surface of the land; . . . that said grade or embankment crossed a natural water course; . . . that said water course had a well-defined bed and banks-, and a stream of…
2Cases cited56 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Andrews & Co. v. KinselSupreme Court of Georgia · 1901
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
51 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Aasmundstad v. StateNorth Dakota Supreme Court · 2009
- Nevland v. NjustNorth Dakota Supreme Court · 1952
- Sollin v. WanglerNorth Dakota Supreme Court · 2001
17 more not listed; retrieve them via the Exa API.