Williams v. Northern Pacific R. R.
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Burleigh Coumty. The facts are stated in tbe opinion. Points and authorities cited: There is no evidence of negligence. The fact, if it was established by the evidence, that the engineer did not see the cattle as far ahead as he might if he had been looking ahead all the time, would not be per se negligence. He had a right to assume that the track was clear.
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Appeal from the District Court of Burleigh Coumty. The facts are stated in tbe opinion. Points and authorities cited: There is no evidence of negligence. The fact, if it was established by the evidence, that the engineer did not see the cattle as far ahead as he might if he had been looking ahead all the time, would not be per se negligence. He had a right to assume that the track was clear. His first and paramount duty was to run his engine with reference to the safety of the persons and property on the train. In doing this, at the moment when the train approached the cattle, his attention…
1Opinion of the CourtEdgerton, C. J.
This is an appeal from a judgment rendered in favor of the plaintiff, and against the defendant in the District Court for Burleigh county.
The complaint alleges that certain cattle, the property of the plaintiff, casually, and without the fault of the plaintiff, strayed in and upon the railroad track, and grounds occupied by the defendant, and that the defendant by its agents and servants not regarding their duty in that respect, so carelessly and negligently ran and managed the locomotive, cars and train of the'defendant, that the same ran against and over, killed and destroyed certain of the…
2Cases cited2 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Spinner v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by5 opinions
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Seaboard Air Line Railway Co. v. CoxetterSupreme Court of Florida · 1921
- Hormann v. SherinSouth Dakota Supreme Court · 1894
- Gay v. Fremont, E. & M. V. Ry.Supreme Court Of The Territory Of Dakota · 1889