Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal by plaintiff from a judgment of the District Court for Barnes County, Butlee, J., dismissing the complaint in an action brought to recover damages for the death of plaintiff’s- intestate. Statement by Spalding, Ch. J. This appeal was taken from a judgment of the district court of Barnes county in favor of the defendant, and from an order denying new trial.
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Appeal by plaintiff from a judgment of the District Court for Barnes County, Butlee, J., dismissing the complaint in an action brought to recover damages for the death of plaintiff’s- intestate. Statement by Spalding, Ch. J. This appeal was taken from a judgment of the district court of Barnes county in favor of the defendant, and from an order denying new trial. The action was for damages for causing the death of Thomas Sherlock at defendant’s crossing, and the defense was contributory negligence of said Sherlock. At the close •of the case the court, on motion, directed a verdict in favor of…
1Opinion of the Court
Spalding, Ch. J.
(after .stating the facts). The evidence, of which we have stated what we consider the material parts, may be resolved into a showing that there was no material physical obstruction to the view of the train for nearly a mile from any point in the highway between the north house and the track, a distance of over 277 feet; that although stormy, the storm was not severe enough to prevent anyone looking down the track to the east from seeing the train nearly or quite a" mile; that the deceased’s team was proceeding, during the distance mentioned, at a slow walk, and that he was…
2Cases cited14 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Guhl v. WhitcombWisconsin Supreme Court · 1901
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Pendroy v. Great Northern Railway Co.North Dakota Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- State v. EngelNorth Dakota Supreme Court · 1980
- Haney v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1994
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
19 more not listed; retrieve them via the Exa API.