Morrison v. Lee
North Dakota Supreme Court
Appeal from District Court, Ward county; Palda, Jr., J. Action by James T. Morrison against P. P. Lee. Judgment for plaintiff; defendant appeals. Respondent cannot recover under chapter 128, Laws of 1901, as the statutory elements, viz: knowingly selling illuminating oil below 105 degrees Fahrenheit, are not set forth in the complaint, of proven.
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Appeal from District Court, Ward county; Palda, Jr., J. Action by James T. Morrison against P. P. Lee. Judgment for plaintiff; defendant appeals. Respondent cannot recover under chapter 128, Laws of 1901, as the statutory elements, viz: knowingly selling illuminating oil below 105 degrees Fahrenheit, are not set forth in the complaint, of proven. And further, the party predicating his recovery upon a statutory duty must show that the violation thereof was the proximate cause of his injury. 21 Am. & Eng. Enc. Law, 480; 1 Sher. & Redf. on Negligence, section 27; Stone v. Boston & A. R. Co., 51…
1Opinion of the CourtYoung, J.
This is an action to recover damages for personal injuries suffered by the plaintiff through an explosion of oil which he alleges he purchased from the defendant as kerosene, but which he claims was .a mixture of kerosene and gasoline. Upon the demand of the defendant, the trial court submitted the case to the jury for a special verdict. The special verdict consists of eleven questions prepared by the court, andi each question was answered by the jnry. Upon the return of the special verdict, both parties moved for judgment. The defendant’s motion was denied, and that of the plaintiff was…
2Cases cited19 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Pittsburgh, Cincinnati & St. Louis Railroad v. SpencerIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Indianapolis, Peru & Chicago Railway Co. v. BushIndiana Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- McLawson v. Paragon Repining Co.Michigan Supreme Court · 1917
- Sollin v. WanglerNorth Dakota Supreme Court · 2001
16 more not listed; retrieve them via the Exa API.