Legal Opinion

Costello v. Farmers Bank

North Dakota Supreme Court

Decided April 27, 1916PublishedCited by 9 opinions

Appeal from the District Court of Mercer County, 8. L. Nuchohj J. From a judgment in defendant’s favor, plaintiff appeals. It is true that a trespasser or mere licensee, going upon the premises of another, goes’at his own risk, and the owner owes no duty to him to protect him from injury.

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Appeal from the District Court of Mercer County, 8. L. Nuchohj J. From a judgment in defendant’s favor, plaintiff appeals. It is true that a trespasser or mere licensee, going upon the premises of another, goes’at his own risk, and the owner owes no duty to him to protect him from injury. But where defendant by his conduct has induced the public to use a way, in the belief that it is a street or highway, and where they suppose they will be safe, an exception to the rule above stated at once arises and renders defendant liable for injuries sustained by one so using such street or highway. 29…

1Opinion of the Court

Fisk, Ch. J.

Plaintiff received injuries by falling into an excavation ■on defendant’s property, and he seeks to recover damages therefor. The facts, briefly stated, are as follows: The accident occurred between 6 *136and 7 o’clock in the evening of January 18, 1914, on lot 6 of block 3 of the town of Golden Valley, North Dakota. This town at that time was only about two months old, and the streets had not been graded nor sidewalks built, and there was nothing there other than the surveyors’ stakes to mark the street and lot lines. Lot 6, aforesaid, is in the northeast corner of block 3. At the…

2Cases cited25 opinions

  1. Glaser v. RothschildSupreme Court of Missouri · 1909
  2. Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
  3. Schmidt v. BauerCalifornia Supreme Court · 1889
  4. Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  5. Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912

20 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
  2. Huus v. RingoNorth Dakota Supreme Court · 1949
  3. Nelson v. F. W. Woolworth & Co.Supreme Court of Iowa · 1930
  4. Sendelbach v. GradNorth Dakota Supreme Court · 1976
  5. Werth v. Ashley Realty CompanyNorth Dakota Supreme Court · 1972

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