Stone v. Northern Pacific Railway Co.
North Dakota Supreme Court
Nrom a judgment of tbe District Court of Burleigh County, Nuessle, J., defendants appeal. The estimate as to the speed of a train by a witness who had a mere glimpse of it from the side for a few seconds, is not sufficient to carry to the jury the question of the negligence of the railroad company with respect to its speed. Davis v. Chicago, E. I. & P. E. Co. 16 L.P.A.
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Nrom a judgment of tbe District Court of Burleigh County, Nuessle, J., defendants appeal. The estimate as to the speed of a train by a witness who had a mere glimpse of it from the side for a few seconds, is not sufficient to carry to the jury the question of the negligence of the railroad company with respect to its speed. Davis v. Chicago, E. I. & P. E. Co. 16 L.P.A. (N.S.) 424, 88 C. C. A. 488, 159 Bed. 10; Hoppe v. Chicago, M. & St. P. E. Co. 61 Wis. 357, 21 N. W. 227; Mott v. Detroit, G. H. & M. E. Co. 120 Mich. 127, 79 N. W. 3; Com. v. Sturtivant, 117 Mass. 122, 19 Am. Eep. 401. In…
1Opinion
On Petition for Rehearing.
Goss, J.
Defendants petition for rehearing and state that we have overlooked an assignment of error taken in their brief in the following • language: “The undisputed testimony shows that plaintiff was guilty of contributory negligence in that knowing the crossing he travelled up to it at a speed of five miles an hour or more and for a distance of from two hundred seventy-five to five hundred feet with both his sense of sight and sound obstructed and interfered with.” This was thought to have been sufficiently discussed wherein the whole general situation was treated.…
2Cases cited3 opinions
- Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1914
- Hope v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Gast v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914