Legal Opinion

Lathrop v. Fargo-Moorhead Street Railway Co.

North Dakota Supreme Court

Decided March 26, 1912PublishedCited by 11 opinions

Appeal by plaintiff from an order of tbe District Court for Cass County, Pollock, J., denying his motion for judgment notwithstanding the verdict, or for a new trial in an action to recover damages for injuries received in a collision. Statement of Facts.

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Appeal by plaintiff from an order of tbe District Court for Cass County, Pollock, J., denying his motion for judgment notwithstanding the verdict, or for a new trial in an action to recover damages for injuries received in a collision. Statement of Facts. Appellant brought this action against the Fargo-Moorhead Street Railway Company, a corporation, running a street car line in the cities of Fargo, North Dakota, and Moorhead, Minnesota, to recover for injuries received in a collision with one of respondent’s cars. At the conclusion of the trial the court, at respondent’s request, submitted to…

1Opinion of the Court

Spalding, Oh. J.

(after stating the facts). Twenty-three assignments of error are contained in appellant’s brief, but from our view of the ease only a few of them require consideration.

1. The giving of the additional charge quoted above is assigned as error. In the nature of things the trial court must be permitted to exercise a very wide range of discretion in determining how long a jury should he held for the purpose of securing an agreement. The 'jury *252passes upon the facts, and it cannot he presumed that in any case wherein the facts are, to any considerable degree, complicated, twelve men…

2Cases cited16 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. State v. SmithSupreme Court of Connecticut · 1881
  3. Mauch v. City of HartfordWisconsin Supreme Court · 1901
  4. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  5. Terre Haute & Indianapolis Railroad v. MasonIndiana Supreme Court · 1897

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. ChampagneNorth Dakota Supreme Court · 1972
  2. State v. VoeckellArizona Supreme Court · 1949
  3. Hutchins v. HaffnerSupreme Court of Colorado · 1917
  4. Borstad v. La RoqueNorth Dakota Supreme Court · 1959
  5. Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917

6 more not listed; retrieve them via the Exa API.

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