Bennett v. Northern Pacific Railroad
North Dakota Supreme Court
PPEAL from district court, Stutsman county;- Hon, Roderick Rose, Judge. Action to recover damages for a personal injury sustained by plaintiff while in defendant’s employ. Judgment for' plaintiff. Defendant appeals. The principle is well settled that no negligence can be inferred from the fact that a railroad track is constructed on a curve at the place of an accident to a servant.
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PPEAL from district court, Stutsman county;- Hon, Roderick Rose, Judge. Action to recover damages for a personal injury sustained by plaintiff while in defendant’s employ. Judgment for' plaintiff. Defendant appeals. The principle is well settled that no negligence can be inferred from the fact that a railroad track is constructed on a curve at the place of an accident to a servant. And this is true, although it appears that the accident would not have occurred had the track been straight. Tuttle v. Bailroad Co., 122 U. S. 189. The wife of the plaintiff was asked the following question: “Have…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The .circumstances under which plaintiff was injured we think warranted the jury in finding that the defendant’s negligence was one of the proximate causes of the damage which the plaintiff suffered. He was an employe of the defendant, acting as switchman. The first important fact in the history of the accident was the stepping of the plaintiff upon the foot-board of a switch engine to ride down upon it to a flat-car standing upon a curved switch, for the purpose of aiding in coupling the engine to the car in order to transfer it to…
2Cases cited31 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Davis v. County of McLeanNorth Dakota Supreme Court · 1925
- Halverson v. ZimmermanNorth Dakota Supreme Court · 1930
- Puls v. Grand Lodge of the Ancient Order of United WorkmenNorth Dakota Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.