Rober v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from the District Court for Morton County, Nuchols, J. Action to recover damages for death by wrongful act. Verdict and judgment for plaintiff. Defendant appeals. This action is brought by David J. Rober, the father of, and as the administrator of the estate of, Alfred J. Rober, deceased, for the killing of the said Alfred J. Rober on the night of the 31st day of December, 1909, at Mandan, North Dakota.
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Appeal from the District Court for Morton County, Nuchols, J. Action to recover damages for death by wrongful act. Verdict and judgment for plaintiff. Defendant appeals. This action is brought by David J. Rober, the father of, and as the administrator of the estate of, Alfred J. Rober, deceased, for the killing of the said Alfred J. Rober on the night of the 31st day of December, 1909, at Mandan, North Dakota. The defendant made the usual motion for a directed verdict and a motion for a new trial. It, however, introduced no evidence in its behalf, and submitted no written instructions, and…
1Opinion
On Petition for Rehearing.
Bruce, J.
Counsel for appellant files a sweeping petition for rehearing, alleging that the opinion in chief “is in decided conflict with, and ignores controlling decisions of, this court. That it is based upon errors of law and errors of fact, upon omissions of material facts and misleading statements of fact; that it appears that it was rendered hastily, and that the facts as shown by the record were not carefully considered.” When we come to a specification of the errors alleged to have been committed by the court, however, we find that they revolve around its…
2Cases cited57 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
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