Pope v. Bailey-Marsh Co.
North Dakota Supreme Court
Appeal from District Court, Pierce County, A. G. Burr, J. Erom a judgment in plaintiff’s favor and from an order denying defendant’s motion for judgment notwithstanding the verdict, defendant appeals. The plaintiff assumed all the risks of the employment. Choctaw, O. & G\ R. Co. v. Jones, 1 Ann. Oas. 439, note; Urns ted v. Colgate Farmers’ Elevator Co. 18 N. D. 309, 122 N. W. 390; Rev. Codes 1905, § 5544; 4 Thomp. Neg. § 4640, and cases cited.
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Appeal from District Court, Pierce County, A. G. Burr, J. Erom a judgment in plaintiff’s favor and from an order denying defendant’s motion for judgment notwithstanding the verdict, defendant appeals. The plaintiff assumed all the risks of the employment. Choctaw, O. & G\ R. Co. v. Jones, 1 Ann. Oas. 439, note; Urns ted v. Colgate Farmers’ Elevator Co. 18 N. D. 309, 122 N. W. 390; Rev. Codes 1905, § 5544; 4 Thomp. Neg. § 4640, and cases cited. The test is not whether plaintiff knew and comprehended the danger, but whether, under the circumstances, he had the means of knowledge and ought…
1Opinion of the Court
EisK, I.
On February 23, 1912, plaintiff met with a serious personal injury while in defendant’s employ, and he seeks by this action to recover damages therefor, basing his claim thereto upon the alleged negligence of the defendant in failing to provide him with a reasonably safe place to work. The answer puts in issue the alleged acts of negligence set forth in the complaint, and alleges that the plaintiff’s injury was the direct and proximate result of plaintiff’s own negligence. Also that plaintiff knowingly assumed the risks incident to such em-ployn ent. As a further defense it is alleged…
2Cases cited9 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Carter v. CarterNorth Dakota Supreme Court · 1905
- Schweikert v. John R. Davis Lumber Co.Wisconsin Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Smith v. Rhode Island Co.Supreme Court of Rhode Island · 1916
- Clark v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Gilmore v. Western Electric Co.North Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.