Spicer v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Edward T. Burke, JT Plaintiff recovered a. verdict for $350, and from an order denying; a motion for a new trial, defendant appeals. Damages must be alleged and proven with reasonable certainty by competent evidence. 13 Oye. Law & Proc. pp. 214, 215, 218, 219. Where the proof shows damages, but not with reasonable certainty their extent, nominal damages alone should be awarded. M’Cutchin v. Batterton, 1 Mo. 342; Peoria & P. IT.
Read the full summary
Appeal from District Court, Stutsman county; Edward T. Burke, JT Plaintiff recovered a. verdict for $350, and from an order denying; a motion for a new trial, defendant appeals. Damages must be alleged and proven with reasonable certainty by competent evidence. 13 Oye. Law & Proc. pp. 214, 215, 218, 219. Where the proof shows damages, but not with reasonable certainty their extent, nominal damages alone should be awarded. M’Cutchin v. Batterton, 1 Mo. 342; Peoria & P. IT. K. Co. v. Peoria & F. E. Co.. 105 111. 110; Hair v. Barnes, 26 111. App. 580; Chicago & N. W. B.. Co. v. Cicero, 157 111.…
1Opinion of the CourtFisk, J.
Defendant appeals from an order denying its motion, for judgment non obstante veredicto or for a new trial. It relies, for a. reversal of the order, solely upon the ground of alleged insufficiency of the evidence to justify such verdict.
Four distinct causes of action are set forth in the complaint, based. *63upon alleged acts of negligence on defendant’s part in setting certain, prairie fires, 'which spread to .plaintiffs’ lands, and in injuring certain animals belonging to them by alleged negligence in operating its trains. No question is raised as to the improper joinder of these several…
2Cases cited1 opinion
- Cleveland School District v. Great Northern Railway Co.North Dakota Supreme Court · 1910
3Cited by1 opinion
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1955