Leidgen v. Jones
North Dakota Supreme Court
Action for personal injuries'in District Court, Richland County, Graham, J. From a judgment for the plaintiff and from an order denying a new trial, the defendant has appealed. The test of liability is not danger, but- negligence, and negligence can never be imputed from the employment of methods or machinery in general use in the business.
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Action for personal injuries'in District Court, Richland County, Graham, J. From a judgment for the plaintiff and from an order denying a new trial, the defendant has appealed. The test of liability is not danger, but- negligence, and negligence can never be imputed from the employment of methods or machinery in general use in the business. Titus v. Railroad Co. 136 Pa. 618, 20 Atl. 517; Kehler v. Schwenk, 144 Pa. 348, 22 Atl. 910; Reese v. Hershey, 20 Atl. 907; Wolf v. Des Moines Elevator Co. (Iowa) 102 N. W. 517. There is no proof in the case that it was customary to put guards upon…
1Opinion of the CourtBronson, J.
Statement.—This is an action for personal injuries. The defendant has appealed from a judgment in favor of the plaintiff, and from an order denying á new trial. The facts, necessary to be stated, are as follows:
On August 27, 1918, the plaintiff, then aged thirteen years, seven months, suffered injury to three fingers on his right hand, while assisting in the operation of a circular saAv in the Avoodyard of the defendant, at Hankinson, North Dakota. He appears by his guardian ad litem. The defendant was engaged in the fuel business, and maintained a woodyard. He had in his employ then about…
2Cases cited7 opinions
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Pinoza v. Northern Chair Co.Wisconsin Supreme Court · 1913
- Krutlies v. Bulls Head Coal Co.Supreme Court of Pennsylvania · 1915
- Dusha v. Virginia & Rainy Lake Co.Supreme Court of Minnesota · 1920
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clark v. StoudtNorth Dakota Supreme Court · 1944
- Hurley v. Chicago, Milwaukee & St. Paul Railway Co.North Dakota Supreme Court · 1922
- Koenkamp v. PicassoSouth Dakota Supreme Court · 1936
- LaPoint v. Hodgins Transfer Co.North Dakota Supreme Court · 1922
- Schnoor Ex Rel. Schnoor v. MeineckeNorth Dakota Supreme Court · 1948