Piechotta v. Fried
North Dakota Supreme Court
Appeal from tbe District Court of Stutsman County, Coffey, J. “Damages may be uncertain, either as to tbeir existence, or their nature, or in respect to the cause from which they proceed.” 17 O. J. 754, § 87. “Where it is not shown with reasonable certainty that the harm or loss resulted from the act complained of, there can be no recovery of compensatory damages therefor.” 1Y O. J. Y55, § 89; West Chicago, etc.
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Appeal from tbe District Court of Stutsman County, Coffey, J. “Damages may be uncertain, either as to tbeir existence, or their nature, or in respect to the cause from which they proceed.” 17 O. J. 754, § 87. “Where it is not shown with reasonable certainty that the harm or loss resulted from the act complained of, there can be no recovery of compensatory damages therefor.” 1Y O. J. Y55, § 89; West Chicago, etc. Co. v. Foster (111.) 51 N. E. 690; Kethledge v. City (Mich.) 146 N. W. 164. “Another principle of proximate cause which seems to be well established is that an accident or injury…
1Opinion of the CourtBirdzell, J.
This is an action to recover damages for assault and *622battery. The jury returned a verdict in favor of the plaintiff for $2,000 compensatory damages and $2,000 exemplary damages, and judgment was entered for $4,000 and costs. The appeal is from the order of the trial court denying the defendant’s motion for a new trial.
Some time during the year 1919 the defendant obtained, by trade with the Bank of Clementsville, some notes which had been given by the plaintiff amounting to about $1,200, and which were secured by a chattel mortgage. There were also some other transactions between the parties…
2Cases cited2 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. NyhusNorth Dakota Supreme Court · 1909
3Cited by3 opinions
- Kresel v. GieseNorth Dakota Supreme Court · 1975
- State v. SchmidtNorth Dakota Supreme Court · 1943
- Young v. DavisMississippi Supreme Court · 1935