Hein v. Great Northern Railroad
North Dakota Supreme Court
Appeal from District Court, Ward County, Leighton, Judge. If plaintiff was living in adultery, and tbe decedent did not support ber, sbe could not recover in this action. Tbe court erroneously limited and restricted defendant in its proof in these respects. Defendant bad tbe right to have evidence of these facts go to tbe jury. Ferren v. Moore, 59 N. H. 106; Boos v. Minneapolis, St. P. & S. Ste.
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Appeal from District Court, Ward County, Leighton, Judge. If plaintiff was living in adultery, and tbe decedent did not support ber, sbe could not recover in this action. Tbe court erroneously limited and restricted defendant in its proof in these respects. Defendant bad tbe right to have evidence of these facts go to tbe jury. Ferren v. Moore, 59 N. H. 106; Boos v. Minneapolis, St. P. & S. Ste. M. R. Co. 127 Minn. 381, 149 N. W. 660; Stimpson v. Wood, 59 B. T. N. S. 218, 57 L. J. Q. B. N. S. 484, 36 Week. Rep. 734, 52 J. P. 822; Ft. Worth & D. O. R. Co. v. Floyd, — Tex. Civ. App. —, 21 S. W.…
1Opinion of the CourtGoss, J.
Plaintiff, widow of Michael Hein, deceased, sues under the state statutes governing recovery for death by wrongful act, §§ 8321-8323, Comp. Laws 1913. The complaint pleads acts of alleged negligence as having caused the death of Michael ITein.
The proof establishes that deceased came to his death through a collisi&n between two gravel trains both hauling gravel en route to Montana, but at the time within this state. At the close of the testimony the court denied a motion for a directed verdict of dismissal, based “On the ground that the undisputed evidence discloses that this case is one in…
2Cases cited10 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
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3Cited by3 opinions
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Koofos v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- Froelich v. Northern Pacific Railway Co.North Dakota Supreme Court · 1918