Jones v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Benson county; Morgan, J. Action by John R. Jones & Son against the Great Northern Railway Company. From an order overruling a demurrer to the complaint, defendant appealed. While under the Code, pleadings are liberally construed as to matters of form, yet the rule does not dispense with the necessity of properly pleading the facts; and as to all substantial matters and allegations, a complaint will be strictly construed against the pleader.
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Appeal from District Court, Benson county; Morgan, J. Action by John R. Jones & Son against the Great Northern Railway Company. From an order overruling a demurrer to the complaint, defendant appealed. While under the Code, pleadings are liberally construed as to matters of form, yet the rule does not dispense with the necessity of properly pleading the facts; and as to all substantial matters and allegations, a complaint will be strictly construed against the pleader. Nation et al. v. Cameron, 2 Dak. 347; State ex rel. Mc-Kinsie v. Casteel, Auditor, 11 N. E. Rep. 219. Without a showing that…
1Opinion of the Court
Fisk, District Judge.
This action was commenced for the purpose of recovering damages claimed to have been sustained by the plaintiffs on account of defendant’s negligence in operating its trains, whereby certain o'f plaintiffs’ stock was killed and injured by such trains. The complaint is challenged by demurrer upon the ground that it fails to allege facts sufficient to constitute a cause of action; the particular defect urged being that the allegation of negligence is too general, and merely states a conclusion.
The complaint, so far as it is material to the questions here involved, is as…
2Cases cited17 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Cunningham v. Los Angeles Railway Co.California Supreme Court · 1897
- Chaperon v. Portland Electric Co.Oregon Supreme Court · 1902
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3Cited by2 opinions
- Ex Parte Label v. SullivanSupreme Court of Missouri · 1942
- Wilson v. Atlantic Elevator Co.North Dakota Supreme Court · 1903