McGregor v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from a judgment and an order denying a new trial of the District Court of Ward County; Leighton, J. Defendant appeals. The evidence shows that plaintiff was guilty of contributory negligence, and the court erred in not granting defendant’s motion for a directed verdict. The plaintiff voluntarily, and without cause or provocation, placed himself in an unusual and dangerous place. He knew this. It was obvious.
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Appeal from a judgment and an order denying a new trial of the District Court of Ward County; Leighton, J. Defendant appeals. The evidence shows that plaintiff was guilty of contributory negligence, and the court erred in not granting defendant’s motion for a directed verdict. The plaintiff voluntarily, and without cause or provocation, placed himself in an unusual and dangerous place. He knew this. It was obvious. He had ample opportunity to go into the caboose after the first smash-up claimed by him, and ride therein in the usual manner, and as the men did. He elected to remain in the stock…
1Opinion of the CourtChristianson, J.
The plaintiff, R. R. McGregor, brought this action to recover damages for personal injuries alleged to have been sustained by him through the negligence of the defendant railway company, while he was traveling in charge of stock upon one of its freight trains. The plaintiff claims that on March 11, 1913, while rightfully upon said train of the defendant and in charge of a carload of horses, then being shipped from St. Cloud, Minnesota to Glasgow Montana, and while riding on such train engaged in the discharge of his duties as care taker accompanying such stock shipment in accordance with the…
2Cases cited43 opinions
- People v. WeberCalifornia Supreme Court · 1906
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
38 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Lindenberg v. FolsonNorth Dakota Supreme Court · 1965
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Pace v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1924
50 more not listed; retrieve them via the Exa API.