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 of the CourtBruce, J.
(after stating the facts as above). Appellant relies upon four propositions for a reversal of this judgment: (1) That there was no proof of negligence on the part of the defendant; (2) that there is proof of contributory negligence; (3) that the proof offered does not in any way justify the awarding of anything hut nominal damages; (4) that the evidence in relation to the switch engine which was seen by the haekman at about 10 o’clock and probably an hour prior to the accident was improperly admitted.
On the first two objections it is argued that there is evidence which tends to show that a…
2Cases cited30 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- City of Chicago v. PowersIllinois Supreme Court · 1866
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Rhoads v. Chicago & Alton RailroadIllinois Supreme Court · 1907
- Galveston, Harrisburg & San Antonio Railway Co. v. KutacTexas Supreme Court · 1890
25 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Stejskal v. DarrowNorth Dakota Supreme Court · 1927
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
15 more not listed; retrieve them via the Exa API.