City of Grand Forks v. Paulsness
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, J. Action by the City of Grand Forks against B. O. Paulsness. Judgment for plaintiff, and defendant appeals. Although notified to defend the suit against the city, indemnitor in an action against him, may show his non-liability. 2 Dillon on Mun.
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Appeal from District Court, Grand Forks county; Templeton, J. Action by the City of Grand Forks against B. O. Paulsness. Judgment for plaintiff, and defendant appeals. Although notified to defend the suit against the city, indemnitor in an action against him, may show his non-liability. 2 Dillon on Mun. Corp. (4th Ed.) section 1035; 5 Thompson on Neg., section 6362; Robbins v. Chicago,4-Wallace, 657; City v- Worthington, 10 Gray, 496; Faith v Atlanta, 78 Ga. 779, 4 S. E. 3; City v- Detroit L. & N. R. Co., 89 N. W. 54; Rochester v. Montgomery, 72 N. Y. 65. Where the city’s officers direct the…
1Opinion of the CourtEllsworth, J.
The state -of fact out of which the cause of action involved in this appeal arises may be stated as follows:
*297In the months of November and December, 1904, the city of Grand Forks owned and operated a public waterworks plant, and one of the mains thereof extended along De Mers avenue, one of the principal streets of the city, to a point thirty feet or more from the west end of a bridge crossing the Red River of the North to the city of East Grand Forks located on the eastern bank. At this point there was connected with the water main a two-inch pipe intended to provide water service to…
2Cases cited15 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
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3Cited by13 opinions
- Sayler v. HolstromNorth Dakota Supreme Court · 1976
- Township of Hart v. NoretMichigan Supreme Court · 1916
- Granucci v. ClaasenCalifornia Supreme Court · 1928
- Miller v. New York Oil Co.Wyoming Supreme Court · 1926
- Salt Lake City v. SchubachUtah Supreme Court · 1945
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