Vannett v. Cole
North Dakota Supreme Court
Appeal from District Court of Cass County, A. T. Cole, J. Action to recover damage for personal injuries. From a verdict directed and judgment entered for the defendant, plaintiff appeals. " Negligence is sometimes defined to consist of failure to exercise that degree of care demanded by tbe circumstances, — a failure to observe a legal duty. 20 It.
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Appeal from District Court of Cass County, A. T. Cole, J. Action to recover damage for personal injuries. From a verdict directed and judgment entered for the defendant, plaintiff appeals. " Negligence is sometimes defined to consist of failure to exercise that degree of care demanded by tbe circumstances, — a failure to observe a legal duty. 20 It. C. L. p. 9. Where a statute or municipal ordinance imposes upon a person a duty designed for the protection of others, if he neglects to perform the. duty he is liable to those for whose protection it Was imposed for any damages resulting…
1Opinion of the CourtBronson, J.
This is an action to recover damages for personal injuries. On November 15, 1915, about midday, the plaintiff, a woman of seventy-one years, was struck and knocked down senseless by the automobile of the defendant, E. IT. Cole, then being operated by his wife.
At the time the plaintiff was walking south upon the sidewalk along the easterly side of Broadway avenue, between the Great Northern tracks and the Viking hotel in the city of Fargo; Mrs. Cole was driving the automobile westward along the street that intersects Broadway avenue and extends up and beyond the Great Northern depot. As the…
2Cases cited26 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Birch v. AbercrombieWashington Supreme Court · 1913
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Norris v. . KohlerNew York Court of Appeals · 1869
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Grenz v. WerreNorth Dakota Supreme Court · 1964
- Ulman v. LindemanNorth Dakota Supreme Court · 1919
- Foster v. FarraOregon Supreme Court · 1926
- Posey Ex Rel. Posey v. KroghNorth Dakota Supreme Court · 1934
- Plasch v. FassSupreme Court of Minnesota · 1919
8 more not listed; retrieve them via the Exa API.