Pewonka v. Stewart
North Dakota Supreme Court
Appeal from District Court, Traill county; Pollock, J. Action by John Pewonka, by Frank Pewonka, his guardian ad litem, against Alex Stewart. Judgment for defendant and plaintiff appeals. That a street or highway may become such by public use without dedication, is well established. Mason v. Sioux Falls, 51 N. W. 770; (S. D.) ; Coulter v. Great Northern Ry.
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Appeal from District Court, Traill county; Pollock, J. Action by John Pewonka, by Frank Pewonka, his guardian ad litem, against Alex Stewart. Judgment for defendant and plaintiff appeals. That a street or highway may become such by public use without dedication, is well established. Mason v. Sioux Falls, 51 N. W. 770; (S. D.) ; Coulter v. Great Northern Ry. Co., 5 N. D. 568, 67 N. W. 1046; Walcott Tp. v. Skauge, 6. N. D. 382, 71 N. W. 544. As to whether a given obstruction in a street renders it unsafe for public travel, is purely a question of fact which should be left to the jury. Heckman…
1Opinion of the CourtMorgan, J.
This is an action to recover damages on account of injuries received by the plaintiff through the alleged negligence of the defendant. The facts as developed at the trial are as follows: The plaintiff was driving over what is alleged in the complaint to be a public highway of the village of Galesburg, at 4 o’clock a. m. of November 21, 1902, and, while going home from a dance, ran against a post placed in the center of the traveled portion of the highway, and was thrown from his carriage and injured. The post was placed in the highway by the defendant, or some other person engaged in moving a…
2Cases cited7 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Baird v. ShipmanIllinois Supreme Court · 1890
- Daltry v. Media Electric Light, Heat & Power Co.Supreme Court of Pennsylvania · 1904
- Mayer v. Thompson-Hutchison BuildIng Co.Supreme Court of Alabama · 1894
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
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