Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
An appeal from the district court of Foster county; Coffey, J. Where a prima facie case is made out, and there is no question of fact to go to the jury, — questions controverted by evidence, — the case still having been submitted to the jury, and the jury having found its. verdict clearly contrary to the evidence, it should be set aside..
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An appeal from the district court of Foster county; Coffey, J. Where a prima facie case is made out, and there is no question of fact to go to the jury, — questions controverted by evidence, — the case still having been submitted to the jury, and the jury having found its. verdict clearly contrary to the evidence, it should be set aside.. Crane v. Morris, 6 Pet. 598, 8 L. ed. 514; United States v. Wiggins, 14 Pet. 334, 10 L. ed. 481; Kelly v. Jackson, 6 Pet. 622, 8 L. ed. 523;. Emmons v. Westfield Bank, 97 Mass. 243; State ex rel. Turner v. Turner, 104 N. O. 571, 10 S. E. 606; Blough v.…
1Opinion of the CourtGoss, J.
Por the facts, consult the first opinion in this case, at 25 N. D. 136, 141 N. W. 204. At the close of the first trial a verdict was directed for defendant upon a theory of a failure of proof of loss of grain. A carload of barley was shipped from Bordulac, in this state, to Superior, Wisconsin. There was a difference of 4,960 pounds between initial and terminal weights as made under the proof. On plaintiff’s appeal in the former case it was held that the proof was sufficient to entitle plaintiff to a jury finding upon the fact of. loss, and amount thereof, if any. On the second trial, the…
2Cases cited4 opinions
- Wilson v. KrygerNorth Dakota Supreme Court · 1914
- Willoughby v. SmithNorth Dakota Supreme Court · 1913
- Morris v. Minneapolis, St. Paul, & Sault Ste. Marie R. Co.North Dakota Supreme Court · 1913
- State ex rel. Leu v. CoffeyNorth Dakota Supreme Court · 1914
3Cited by22 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
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