Legal Opinion

Ross v. Cooper

North Dakota Supreme Court

Decided December 19, 1916PublishedCited by 2 opinions

Appeal from a judgment of the District Court of Traill County,. Polloch, J. Statements made with a view to the apprehension of the offender-do not form part of the res gestee. 34 Cyc. 1645; Westcott v. Waterloo, O. E. & N. R. Co. 173 Iowa, 355, 155 N. W. 255; Pulsv. Grand Lodge, A. O. U. W. 13 N. D. 559, 102 N. W. 165. The res gestee rule, together with examples, or illustrations of its. application, may be found well stated in the following cases.

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Appeal from a judgment of the District Court of Traill County,. Polloch, J. Statements made with a view to the apprehension of the offender-do not form part of the res gestee. 34 Cyc. 1645; Westcott v. Waterloo, O. E. & N. R. Co. 173 Iowa, 355, 155 N. W. 255; Pulsv. Grand Lodge, A. O. U. W. 13 N. D. 559, 102 N. W. 165. The res gestee rule, together with examples, or illustrations of its. application, may be found well stated in the following cases. The-rule is that statements made by a party must be contemporaneous, with the principal act to which they relate, and there must not be such a…

1Opinion of the CourtGoss, J.

This is an appeal from the final judgment and from an order denying motion for judgment notwithstanding the verdict. Sufficiency of the evidence to sustain the verdict will be first inquired into.

The action arose out of the killing of James Franklin Boss on March 11, 1911, by McLain S. Cooper, the twenty-one-year-old son of defendant, Harry J. Cooper. Plaintiff is the widow of deceased. Boss, with his wife and family, had worked for defendant for more than two years, living on defendant’s farm. The homicide occurred on said farm in Traill county. Defendant was South for the winter, and at no…

2Cases cited26 opinions

  1. Lotz v. HanlonSupreme Court of Pennsylvania · 1907
  2. Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
  3. Steffen v. McNaughtonWisconsin Supreme Court · 1910
  4. Danforth v. FisherSupreme Court of New Hampshire · 1908
  5. Roberts v. RailroadSupreme Court of North Carolina · 1906

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3Cited by2 opinions

  1. Cummings v. Illinois Central RailroadSupreme Court of Missouri · 1954
  2. Blair v. RogersSupreme Court of Oklahoma · 1939

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