Montain v. City of Fargo
North Dakota Supreme Court
Appeal from the District Court of Cass County, A. T. Oole, J. Action to recover for personal injuries. 'Order sustaining demurrer to complaint. Plaintiff appeals. Statement of facts by Bruce, Oh.
Read the full summary
Appeal from the District Court of Cass County, A. T. Oole, J. Action to recover for personal injuries. 'Order sustaining demurrer to complaint. Plaintiff appeals. Statement of facts by Bruce, Oh. J.: This is an appeal from an order sustaining a demurrer to a complaint which in substance alleged .that the plaintiff’s intestate, one Mons Montain, met his death by being struck by a runaway team drawing a ¡garbage sled, which sled was being used for the purposes and under the conditions intended and detailed in a certain written agreement between the city of Pargo and one Neis Johnson for the…
1DissentGrace, J.
The appeal in this case is from an order sustaining a demurrer to the complaint.
The complaint alleges in substance that Mons Montain came to his death by being struck by a garbage sled which at the time was drawn by a runaway team. Mons Montain, at the time he met his death, was in the employ of the city of Eargo, he being superintendent of the garbage or dumping ground.
It appears that the city of Fargo had entered into an agreement with one Neis Johnson, in writing, whereby the said Johnson was to furnish four teams and eight men, or any number of teams at the rate of $147 a month for each…
2Cases cited56 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Perkins v. BlauthCalifornia Supreme Court · 1912
51 more not listed; retrieve them via the Exa API.