Barron v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action by G. L. Barron against the Northern Pacific Railway Company. Verdict for plaintiff. From an order granting a new trial, he appeals. New trial will not be granted upon newly discovered evidence, which with reasonable diligence could have been produced on the trial. 14 Pleading and Practice, 799; Ninninger v. Know, 8 Minn. 140; Austin v. Northern Pac. Ry.
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Action by G. L. Barron against the Northern Pacific Railway Company. Verdict for plaintiff. From an order granting a new trial, he appeals. New trial will not be granted upon newly discovered evidence, which with reasonable diligence could have been produced on the trial. 14 Pleading and Practice, 799; Ninninger v. Know, 8 Minn. 140; Austin v. Northern Pac. Ry. Co., 25 N. W. 798; Broat v. Moore, 47 N. W. 55; Nelson v. Carlson, 55 N. W. 821. Due diligence to produce must be shown by facts constituting the same. Boot v. Brewster, 36 N. W. 649; Calahan v. Calahan, 48 N. W. 724; Moody v. Priest,…
1Opinion of the CourtSpalding, J.
The plaintiff was injured by the collision of a caboose in which he was riding, with other cars, at the city of Grafton, in this state, on the 19th of July, 1904. This action was brought for the purpose of recovering damages for the injuries which he sustained, and especially for the loss of hearing in one ear, claimed to be the result of such accident. No claim was made in the complaint for any loss of time, and the only evidence set out relating to loss of time resulting from the accident is found in the question: “How long did it affect your capacity to work ?” And the plaintiff answered:…
2Cases cited3 opinions
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Esterly Harvesting Machine Co. v. FrolkeyNebraska Supreme Court · 1892
- Smith v. EvansNebraska Supreme Court · 1882
3Cited by3 opinions
- Brown, Admr. v. Perry, Jr.Supreme Court of Vermont · 1931
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
- Swords v. McDonellNorth Dakota Supreme Court · 1915