Salewski v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Stutsman County, Coffey, J. Plaintiff appeals from the judgment and from an order denying a new trial. In submitting a case on special issues, it is necessary that all the issues should be found by the jury, and the court should by its charge explain the law upon any issue, where it is necessary for a thorough understanding of the question by the jury.
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Appeal from the District Court of Stutsman County, Coffey, J. Plaintiff appeals from the judgment and from an order denying a new trial. In submitting a case on special issues, it is necessary that all the issues should be found by the jury, and the court should by its charge explain the law upon any issue, where it is necessary for a thorough understanding of the question by the jury. Merzbacker v. State, 8G S. W, 308; Baxter v. B. Co. 80 N. W. 644; Schrunk v. St. Joseph, 97 N. W. 947. The lower court should have given the instructions necessary to inform the jury as to the issues, rules for…
1DissentBronson, J.
I dissent. The majority opinion, with a partial recitation of the facts in the record, demonstrates its own error. It is quite necessary to protest concerning the manner in which this case was submitted to the jury for a special verdict upon interrogatories, and concerning the evident mistrial that has resulted by reason thereof. It is necessary again to protest against the evident recognition given by the majority opinion to the propriety of interrogatories framed and submitted to the jury as they were in this case. The majority opinion has set forth these interrogatories in full. On their…
2Cases cited6 opinions
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Williams v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1907
- Nygaard v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
- Roederer v. HessCourt of Appeals of Kentucky · 1902
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