Pendroy v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, McHenry County; Goss, J. Action by L. B. Pendroy against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. Where the view of one about to cross .a railroad track is obstructed, he must stop and listen. West v. N. P. Ry. Co,, 13 N. D. 221, 100 N. W. 254; Kniter v. Railway Co. 54 Atl. 276; Chicago, etc. Rjc Co. v. Crisman, 34 Pac. 286. Plaintiff was guilty of contributory negligence.
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Appeal from District Court, McHenry County; Goss, J. Action by L. B. Pendroy against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. Where the view of one about to cross .a railroad track is obstructed, he must stop and listen. West v. N. P. Ry. Co,, 13 N. D. 221, 100 N. W. 254; Kniter v. Railway Co. 54 Atl. 276; Chicago, etc. Rjc Co. v. Crisman, 34 Pac. 286. Plaintiff was guilty of contributory negligence. Houghton v. Ry., 58 N. W. 314; Brady v. Ry., 45 N. W. 1110; Shatto v. Rv., 121 Fed. 678; Seefeld v. Ry., 35 N. W. 278; Barnhall v. Ry. 33 So. 63; Ry. v.…
1Opinion of the CourtFisk, J.
This is an appeal from an order of the district court of McFIenry county denying a motion made in the alternative for judgment notwithstanding the verdict, or for a new trial, and also from the judgment entered pursuant to the verdict of a jury.
Plaintiff’s cause of action is based upon the alleged negligence of the defendant railway company in backing one of its trains of cars against plaintiff’s automobile at a public crossing in the city of Towner. The question of defendant’s negligence and of plaintiff’s contributory negligence and the extent of plaintiff’s damages were submitted to a…
2Cases cited10 opinions
- Guggenheim v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- New York, S. & W. R. Co. v. MooreCourt of Appeals for the Second Circuit · 1901
- Rietveld v. Wabash RailroadSupreme Court of Iowa · 1906
- Schwanenfeldt v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Solberg v. SchlosserNorth Dakota Supreme Court · 1910
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
19 more not listed; retrieve them via the Exa API.