Moeller v. City of Rugby
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Burr, J. A traveler who places himself in .a dangerous position in the highway cannot recover for resulting injury. 15 Am. & Eng. Enc. Law, 2d ed. 468. If one, knowing of the presence of stones, attempts to pass over them instead of around them, he is liable as a matter of law for injuries caused by tripping thereon.
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Appeal from the District Court of Pierce County, Burr, J. A traveler who places himself in .a dangerous position in the highway cannot recover for resulting injury. 15 Am. & Eng. Enc. Law, 2d ed. 468. If one, knowing of the presence of stones, attempts to pass over them instead of around them, he is liable as a matter of law for injuries caused by tripping thereon. Nicholas v. Peck, 20 R. I. 533, 40 Atl. 418; Grandorf v. Detroit Citizens’ Street R. Co. 113 Mich. 496, 71 N. W. 844; 7 Am. & Eng. Enc. Law, 2d ed. 393. If, by the exercise of ordinary care and diligence, the person injured could…
1Opinion of the CourtBurke, J.
Plaintiff was awarded $800 damages for injury alleged to have been received from fall upon defective sidewalk. Defendant appeals, relying principally upon the defense of contributory negligence. Por the purposes of this appeal only, the city concedes its negligence, but alleges that plaintiff’s negligence contributed to her own injury, and therefore, under well-settled principles of law, she ought not to recover.(1) Under the circumstances, it is necessary to examine the facts disclosed by the record, and this will be given our first consideration. Plaintiff is a married woman, rather stout,…
2Cases cited2 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
3Cited by4 opinions
- Keller v. Vermeer Manufacturing CompanyNorth Dakota Supreme Court · 1984
- Krause v. City of WiltonNorth Dakota Supreme Court · 1918
- Jackson ex rel. Moore v. City of JamestownNorth Dakota Supreme Court · 1916
- Boudreau v. Estate of MillerNorth Dakota Supreme Court · 2000