Cook v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Stutsman County; J. A. Coffey, J. Action by John D. Cook against the Northern Pacific Railway Company. From a judgment in defendant’s favor, plaintiff appeals. “Everything that the jury might reasonably infer from the evidence is to be considered as admitted.” Cameron v. Great Northern R. Co. S N. D. 124, 77 N. W. 1016, 5 Am. Neg.
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Appeal from District Court, Stutsman County; J. A. Coffey, J. Action by John D. Cook against the Northern Pacific Railway Company. From a judgment in defendant’s favor, plaintiff appeals. “Everything that the jury might reasonably infer from the evidence is to be considered as admitted.” Cameron v. Great Northern R. Co. S N. D. 124, 77 N. W. 1016, 5 Am. Neg. Rep. 454. “Every stipulation or condition in a contract by which any party thereto is restricted from enforcing his rights under the contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which…
1Opinion of the CourtFisk, C. J.
Plaintiff and appellant seeks to recover damages from defendant railway company upon a special contract entered into on March 9, 1907, for the transportation of certain horses and other property-from the Minnesota transfer to McHenry, in this state. He alleges in his complaint that through the negligence of the defendant in handling the car in which such horses were transported, and through unreasonable delay in transporting the car, such horses were greatly injured, which injury resulted in the death of several of the horses, and permanent injuries to the remainder. This action was commenced…
2Cases cited27 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
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- Independent Consolidated School District No. 24 v. CarlstromSupreme Court of Minnesota · 1967
- Atlantic Coast Line Railroad v. SandlinSupreme Court of Florida · 1918
- Morrell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
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