Legal Opinion

Asch v. Washburn Lignite Coal Co.

North Dakota Supreme Court

Decided January 20, 1922PublishedCited by 7 opinions

Appeal from the district court of Morton county, Berry J. Both defendants appeal from a judgment and from an order denying their motions for judgment notwithstanding the verdict or for a new trial. “Officers* who have no personal knowledge of the transaction, having been appointed long after the transaction in issue, cannot be examined.” Blasius v. Ins.

Read the full summary

Appeal from the district court of Morton county, Berry J. Both defendants appeal from a judgment and from an order denying their motions for judgment notwithstanding the verdict or for a new trial. “Officers* who have no personal knowledge of the transaction, having been appointed long after the transaction in issue, cannot be examined.” Blasius v. Ins. Co. 175 N. Y. Supp. 709. “A mere soliciting1 agent or salesman is not managing agent or officer under the terms of the statute.” Blasius v. Ins. Co. Supra; 10 Cyc. 1342, first col. note; Hancock v. Ins. Co. 107 Mass. 113; Gunn v. N. Y. & N. H.…

1Opinion of the CourtChristianson, J.

This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the two defendants. The case was submitted to the jury for a special verdict. The jury found, in effect, that plaintiff’s injuries were occasioned by the negligence of the defendants, and that, by reason of said injuries, the plaintiff had been damaged in the sum of $8,000. Judgment was entered in favor of the plaintiff and against both of the defendants pursuant to the verdict. The defendants moved in the alternative for judgment notwithstanding the…

2Cases cited25 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  3. Erickson v. WiperNorth Dakota Supreme Court · 1916
  4. Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
  5. Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883

20 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Klimple v. BahlNorth Dakota Supreme Court · 2007
  2. McIntire v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936
  3. Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
  4. Marion Steam Shovel Co. v. BertinoCourt of Appeals for the Eighth Circuit · 1936
  5. Palmer v. Skelly Oil Co.Supreme Court of Oklahoma · 1927

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API