Legal Opinion

Thompson v. Cunningham

North Dakota Supreme Court

Decided April 26, 1897PublishedCited by 4 opinions

Appeal from District Court, Grand Forks County; Templeton, J. Action by Joseph Thompson against D. C. Cunningham. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtWallin, J.

This is an action to recover damages for certain grain which the plaintiff claims was willfully destroyed by the defendant. There was a verdict for the plaintiff, awarding damages in the sum of $250. A statement of the case was settled, embracing three specifications of error, which may be summarized as follows: First, that there was no evidence showing that the grain destroyed was of any value, and the evidence showed that the grain was of no value; second, that the damages were excessive, and appeared to have been awarded by the jury under the influence of passion and prejudice, in this:…

2Cases cited5 opinions

  1. Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
  2. Henry v. MaherNorth Dakota Supreme Court · 1897
  3. O'Brien v. MillerNorth Dakota Supreme Court · 1894
  4. First National Bank v. Merchants National BankNorth Dakota Supreme Court · 1895
  5. Schmitz v. HegerNorth Dakota Supreme Court · 1895

3Cited by4 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Fowler v. DelzerNorth Dakota Supreme Court · 1970
  3. Fowler v. DelzerNorth Dakota Supreme Court · 1970
  4. Johnson v. KittlesonNorth Dakota Supreme Court · 1922

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