Schantz v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from judgment of the District Court of Morton County, North Dakota, Honorable W. C. Crawford, Judge. “A general verdict and special findings should he reconciled, if possible, and no specific finding should overthrow the general verdict unless entirely inconsistent and irreconcilable thereto.” Drouillard v. Southern P. Co. (Cal.) 172 Pac. 405; Wyldes v. Patterson, 31 N. D. 382, 153 N. W. 631; Cowan v. Mpls.
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Appeal from judgment of the District Court of Morton County, North Dakota, Honorable W. C. Crawford, Judge. “A general verdict and special findings should he reconciled, if possible, and no specific finding should overthrow the general verdict unless entirely inconsistent and irreconcilable thereto.” Drouillard v. Southern P. Co. (Cal.) 172 Pac. 405; Wyldes v. Patterson, 31 N. D. 382, 153 N. W. 631; Cowan v. Mpls. St. P. & S. S. M. R. Co. 172 N. W. 322. “A servant only assumes those risks of which he is aware and appreciates.” Umstad v. Colgate Elevator Co. 18 N. D. 309; Gila Valley C. & N.…
1Opinion of the CourtGrace, J.
This appeal is from a judgment in favor of defendant, dismissing the action, upon a general verdict in favor of the plaintiff, in connection with which verdict special interrogatories were returned.
The complaint states an action against the defendant for personal injuries, under the Federal Employers’ Liability Act, U. S. Comp, Stat. §§ 8657-8665. A general verdict was returned in favor of tho plaintiff for $7,500. The only question involved in this appeal is whether the special findings destroyed the general verdict.
The following are the special interrogatories and the answers, where answer…
2Cases cited22 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Lyons v. City of New AlbanyIndiana Supreme Court · 1913
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3Cited by1 opinion
- Bailey v. DavisNorth Dakota Supreme Court · 1922