McBride v. Wallace
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Cowan, J. Action by John McBride against Robert Wallace. Judgment for plaintiff, and defendant appeals. An agister of cattle undertakes only such care as a man of ordinary prudence uses towards his own property under like circumstances. 1 Am. & Eng. Enc. Law, 589; 3 Cur.
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Appeal from District Court, Ramsey County; Cowan, J. Action by John McBride against Robert Wallace. Judgment for plaintiff, and defendant appeals. An agister of cattle undertakes only such care as a man of ordinary prudence uses towards his own property under like circumstances. 1 Am. & Eng. Enc. Law, 589; 3 Cur. Law, 162, note 68 Revised Codes 1905, section 5472; Wood v. Remick, 9 N. E. 831. When defendant advises plaintiff of the accident to animal, burden is on the latter to show negligence. Calland v. Nichols, 46 N. W. 631; 2 Enc. of Ev. 193; Wood v. Remick, supra; Elliott on Ev. Vol. 3,…
1Opinion of the CourtSpalding, J.
The complaint in this case alleges that a certain mare, the property of the plaintiff, was intrusted to the defendant to pasture for hire during the season of 1906, and that while she was in the defendant’s possession, and under his control, and being so pastured for plaintiff, the defendant carelessly -and negligently permitted her to run into a wire fence in his corral, whereby she was injured, and made valueless, and prays damages therefor. The answer admits the pasturing, but denies any injury through the fault or negligence of the defendant, and pleads a counterclaim for the sum of $3,…
2Cases cited8 opinions
- Fassett v. Town of RoxburySupreme Court of Vermont · 1883
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Faist v. Mayor of HobokenSupreme Court of New Jersey · 1905
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- McCormack v. PhillipsSupreme Court Of The Territory Of Dakota · 1887
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3Cited by8 opinions
- Larson v. MeyerNorth Dakota Supreme Court · 1965
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Axford v. GainesNorth Dakota Supreme Court · 1923
- Gunderson v. JohnsonNorth Dakota Supreme Court · 1965
3 more not listed; retrieve them via the Exa API.