West v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Eddy county; Glaspell, J. Action by P. H. West against the Northern Pacific Railway Company. Judgment for plaintiff. Defendant brings error.
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Appeal from District Court, Eddy county; Glaspell, J. Action by P. H. West against the Northern Pacific Railway Company. Judgment for plaintiff. Defendant brings error. Where the driver of mature years, accustomed to driving horses who had lived and worked near the crossing where the accident occurred, and was familiar with it for a period of six months prior to such accident; had actual notice of the approaching train, saw it coming, estimated its distance and the time it would require him to pass over the crossing as compared with the time Which he thought it would take the train to do so;…
1Opinion of the CourtCochrane, J.
Defendant appeals from an order denying its motion for judgment notwithstanding the verdict, or for a new trial. The plaintiff recovered the value of a team killed at a railroad crossing. The point for consideration is whether or not, under the evidence, plaintiff’s driver was guilty of negligence proximately causing the injury, or of contributory negligence as a matter of law.
*226The accident occurred on Lamborn avenue, in New Rockford, where the appellant’s main track crosses such street at right angles. Lamborn avenue runs east and west, the railroad north and south. There is a side track on…
2Cases cited26 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
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3Cited by12 opinions
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
- Pendroy v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
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