Shoemaker v. Sonju
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Action by Jonas Shoemaker against Andrew Sonju. There was a verdict for defendant and from an order denying motion for a new trial plaintiff appeals. An act of wanton and reckless character, disregarding the safety and right of another, warrants punitive damages and the character of the act is for the jury to determine. Day v. Woodworth, 13 How. 361; Milwaukee Ry.
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Appeal from District Court, Barnes county; Burke, J. Action by Jonas Shoemaker against Andrew Sonju. There was a verdict for defendant and from an order denying motion for a new trial plaintiff appeals. An act of wanton and reckless character, disregarding the safety and right of another, warrants punitive damages and the character of the act is for the jury to determine. Day v. Woodworth, 13 How. 361; Milwaukee Ry. Co. v. Arms, 91 U. S. 489, 23 L. Ed. 374; 13 Cyc. 106; Rev. Codes 1899, section 4977. Exemplary damages were warranted although not specially claimed in the prayer for relief.…
1Opinion of the CourtYoung, J.
The plaintiff has appealed from an order denying his motion for a new trial in an action for personal injuries. Plaintiff claimed damages in the sum of $3,050. The jury returned a verdict for $233.33. The motion for new trial was based upon a statement of case which specified as grounds of the motion errors in excluding evidence, and in the instructions. The injury occurred on March 31, 1905. The action was commenced on April 27, 1905, and was tried on June 29, 1905. The complaint alleges (1) “That on the 31st day of March, 1905, in the Waldorph I-Iotel in Dazey, North Dakota, this defendant…
2Cases cited17 opinions
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Hicks v. DrewCalifornia Supreme Court · 1897
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
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3Cited by26 opinions
- Dahlen v. LandisNorth Dakota Supreme Court · 1981
- Vallejo v. Jamestown CollegeNorth Dakota Supreme Court · 1976
- Stoner v. Nash Finch, Inc.North Dakota Supreme Court · 1989
- McLean v. Kirby Co.North Dakota Supreme Court · 1992
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
21 more not listed; retrieve them via the Exa API.