Galehouse v. Minneapolis, St. Paul, & S. S. M. R. Co.
North Dakota Supreme Court
Appeal from the District Court of Ward county; Burles, I. Action against defendant company for an assault committed by its employee upon plaintiff. Verdict and judgment for plaintiff. Defendant appeals. This is an action to recover damages for an alleged assault upon the plaintiff by one Clarence Holiday, an employee of the defendant, at its. station in the city of Donnybrook.
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Appeal from the District Court of Ward county; Burles, I. Action against defendant company for an assault committed by its employee upon plaintiff. Verdict and judgment for plaintiff. Defendant appeals. This is an action to recover damages for an alleged assault upon the plaintiff by one Clarence Holiday, an employee of the defendant, at its. station in the city of Donnybrook. The complaint alleges that the defendant is a common carrier of passengers and freight, and of telegraph messages for hire and profit; that during the month of December, 1906, the plaintiff was in the passenger depot of…
1Opinion of the CourtBruce, J.
(after stating facts as above). The first point to be *621considered is whether the statute of limitations ran against the action in question. The presumption of law is that a public officer does and will do his duty. Section 2503 of the Code of 1905 makes it the duty •of the sheriff to “indorse upon all notices and process received by him for service, the year, month, day, hour, and minute of reception, and issue therefor to the person delivering it, on payment of his fees, a certificate showing the names of the parties, title of paper, and time •of reception.” Section 6795 of the Revised Codes…
2Cases cited19 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Dickson v. WaldronIndiana Supreme Court · 1893
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kelly v. Rhode Island Public Transit AuthoritySupreme Court of Rhode Island · 1999
- Thompson v. ThompsonNorth Dakota Supreme Court · 2012
- American Family Insurance v. Waupaca Elevator Co.North Dakota Supreme Court · 2012
- Elliot v. Drayton Public School District No. 19North Dakota Supreme Court · 1987
- Ross v. CooperNorth Dakota Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.