Corbett v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Williams County, Fish, J. Action to recover damages for the loss of horses killed upon a railroad track. Judgment for plaintiff. Defendant appeals. The plaintiff has not sustained his burden of proving negligence in the operation of the train by defendant.
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Appeal from the District Court of Williams County, Fish, J. Action to recover damages for the loss of horses killed upon a railroad track. Judgment for plaintiff. Defendant appeals. The plaintiff has not sustained his burden of proving negligence in the operation of the train by defendant. Corbett v. Great Northern E. Co. 19 N. D. 450, 125 N. W. 1054. It was only the duty of the engineer to use ordinary care when he ■discovered the animals on the track; his higher duty was to protect himself, the crew, and passengers on the train. Wright v. Minneapolis, ■St. P. & S. Ste. M. E. Co. 12 N. D.…
1Opinion of the CourtBruce, J.
This case has heen before this. court on -two former occasions (19 N. D. 450, 125 N. W. 1054, 23 N. D. 1, 135 N. W. 665). It is an action to recover damages for the loss of certain horses killed by the defendant railway company upon its right of way. The appeal is based on certain errors of law alleged to have been committed in the introduction of evidence, in alleged erroneous instructions, and upon the claim that the case should have been taken from the jury on account of the fact that the evidence showed contributory negligence on the part of the plaintiff in failing to properly fence in…
2Cases cited15 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Lighthouse v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Nesvig v. NesvigNorth Dakota Supreme Court · 2006
- Taylor v. Minneapolis, Saint Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1933
- Brunnabend v. TibblesMontana Supreme Court · 1926
- Minneapolis Threshing MacHine Co. v. HuncovskyNorth Dakota Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.