Pyke v. City of Jamestown
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Burke, J. Action by Ellen Pyke against the City of Jamestown. From a judgment for plaintiff defendant appeals. The amendment of a pleading is by rewriting it, leaving out such allegations and inserting such others as the pleader may desire.
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Appeal from District Court, Stutsman county; Burke, J. Action by Ellen Pyke against the City of Jamestown. From a judgment for plaintiff defendant appeals. The amendment of a pleading is by rewriting it, leaving out such allegations and inserting such others as the pleader may desire. Satterlund v. Beál, 1 N. D. 122, 95 N. W. 518. Where one knows of a defect in a sidewalk, it is contributory negligence not to remember and avoid the danger, unless satisfactory excuse is given for forgetting it. Beach on Contributory Negligence, 257; Lyon v. City of Grand Rapids, 99 N. W. 311; Collins v. City…
1Opinion of the CourtYoung, J.
The plaintiff recovered a verdict for $5,000 for personal injuries sustained through a fall which was caused by a defective sidewalk upon one of the defendant’s streets. A motion for judgment notwithstanding the verdict or for a new trial was made and denied. The defendant has appealed from the order overruling its motion, and also from the judgment.
The first assignment of error is based upon the refusal of the trial court to grant defendant’s motion for a directed verdict. The motion was upon three distinct grounds: “(1) That there is no complaint served or filed in this action; (2) that…
2Cases cited32 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Bassett v. . FishNew York Court of Appeals · 1878
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
27 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Erickson v. SchwanNorth Dakota Supreme Court · 1990
- City of East Chicago v. GilbertIndiana Court of Appeals · 1915
- Boehmer v. BoggianoSupreme Court of Missouri · 1967
53 more not listed; retrieve them via the Exa API.