Schumacher v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal by defendants from a judgment of tbe District Court for Ward County, E. T. Burlce, J., in plaintiff’s favor, and from an order denying a motion for judgment notwithstanding the verdict, or for a new trial, in an action brought to recover damages for the alleged negligent killing of plaintiff’s intestate. Common law marriages, so-called, cannot be entered into under the laws of this state. Norman v. Norman, 121 Cal. 620, 42 L.R.A. 343, 66 Am.
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Appeal by defendants from a judgment of tbe District Court for Ward County, E. T. Burlce, J., in plaintiff’s favor, and from an order denying a motion for judgment notwithstanding the verdict, or for a new trial, in an action brought to recover damages for the alleged negligent killing of plaintiff’s intestate. Common law marriages, so-called, cannot be entered into under the laws of this state. Norman v. Norman, 121 Cal. 620, 42 L.R.A. 343, 66 Am. St. Rep. 74, 54 Pae. 145; Morrill v. Palmer, 68 Vt. 1, 33 L.R.A. 411, 33 Atl. 829; Milford v. Worcester, 7 Mass. 48. Evidence insufficient to show…
1Opinion of the CourtFisk, J.
On July 11, 1907, one Louis P. Schumacher, an employee in the capacity of brakeman for defendant railway company, was killed as the result of a wreck of a freight train on which he was at such time employed. Plaintiff, the father of deceased, brought this action, as administrator, to recover alleged damages resulting to one Ida Schumacher and her child by the death of Louis. The trial resulted in a verdict in plaintiff’s favor for the sum of $5,500. The appeal is from the judgment entered on such verdict and also from an order denying defendants’ motion in the alternative for judgment…
2Cases cited4 opinions
- Norman v. NormanCalifornia Supreme Court · 1898
- Hesseltine v. McLaughlinWashington Supreme Court · 1892
- Morrill v. PalmerSupreme Court of Vermont · 1895
- Potter v. PotterWashington Supreme Court · 1907
3Cited by10 opinions
- Cermak v. CermakNorth Dakota Supreme Court · 1997
- Davis Ex Rel. Davis v. JohnsonNorth Dakota Supreme Court · 1960
- Woodward v. BlakeNorth Dakota Supreme Court · 1917
- Thress v. ZempleNorth Dakota Supreme Court · 1919
- Hansen v. Northern Pacific Railway Co.North Dakota Supreme Court · 1930
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