Gast v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Foster County, Coffey, J. From a judgment in defendants’ favor, plaintiff appeals. Where a verdict has been directed for defendant at the close of plaintiff’s testimony, the court must construe the testimony most strongly in favor of the plaintiff, and assume as true every material fact which plaintiff’s testimony tends to prove.
Read the full summary
Appeal from District Court, Foster County, Coffey, J. From a judgment in defendants’ favor, plaintiff appeals. Where a verdict has been directed for defendant at the close of plaintiff’s testimony, the court must construe the testimony most strongly in favor of the plaintiff, and assume as true every material fact which plaintiff’s testimony tends to prove. Iiarris-Emery Co. v. Howerton, 154 Iowa, 472, 134 N. W. 1068; Central Trust Co. v. Chicago, K. I. & P. E. Co. 156 Iowa, 104, 135 N. W. 721. Contributory negligence of plaintiff no bar to a recovery for injuries which defendants could have…
1Opinion of the CourtFisk, J.
Plaintiff seeks to recover damages for personal injuries received by him at a public crossing in the village of McHenry, in this state, and also for the loss of one horse and injuries to other horses, through the alleged negligence of the defendant. The answer puts in issue the allegation of the complaint as to the negligence of the defendant, and alleges that the accident was caused by plaintiff’s own negligence.
At the conclusion of the testimony the trial court directed a verdict, in defendant’s favor, and this appeal is from the judgment entered pursuant to the verdict thus directed.
The…
2Cases cited7 opinions
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Pendroy v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1914
- Hall v. Northern Pacific Railway Co.North Dakota Supreme Court · 1907
- West v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Blackstead v. KentNorth Dakota Supreme Court · 1933
- Crowson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
- Zimprich v. ComanNorth Dakota Supreme Court · 1931
- Blackstead v. KentNorth Dakota Supreme Court · 1933
- Stone v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915