Beleal ex rel. Beleal v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Action by Roy Beleal, by E. J. Beleal, his guardian ad litem, _ against the Northern Pacific Railway Company. Judgmeut for plaintiff, and defendant appeals. It was unnecessary to warn plaintiff of dangers which were obvious and which he understood, and the rule applies to minors. Naylor v. C. & N. W. Ry. Co., 11 N. W. 24; Casey v. St. P., M. & O. Ry. Co., 62 N. W. 624; Berger v. St. M. & M. Ry.
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Appeal from District Court, Barnes county; Burke, J. Action by Roy Beleal, by E. J. Beleal, his guardian ad litem, _ against the Northern Pacific Railway Company. Judgmeut for plaintiff, and defendant appeals. It was unnecessary to warn plaintiff of dangers which were obvious and which he understood, and the rule applies to minors. Naylor v. C. & N. W. Ry. Co., 11 N. W. 24; Casey v. St. P., M. & O. Ry. Co., 62 N. W. 624; Berger v. St. M. & M. Ry. Co., 38 N. W. 814; Burkley v. Gutta Percha & Rubber Mfg. Co., 21 N. E. 717; Ogley v. Miles, 34 N. E. 1059; Hickey v. Taafe, 12 N. E. 2'86; Downey v.…
1Opinion of the CourtEngerud, J.
This is an action brought by a minor, who is represented by a guardian ad litem, to recover damages for an injury suffered while in the employ of the defendant railroad company, for which injury he claims the company is liable. He alleges that the injury was caused by negligence for which the company is liable on common-law principles, and also claims that the defendant is liable under chapter 131, p. 178, Laws 1903, because the injury was caused by the negligence of a fellow servant. The trial court denied defendant’s motion for a directed verdict, and submitted the question of liability to…
2Cases cited12 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matter of Adoption of KASNorth Dakota Supreme Court · 1993
- Snyder's Drug Stores, Inc. v. North Dakota State Board of PharmacyNorth Dakota Supreme Court · 1974
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Powers Elevator Co. v. PottnerNorth Dakota Supreme Court · 1907
- State v. MillerNorth Dakota Supreme Court · 1964
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