Derringer ex rel. Derringer v. Tatley
North Dakota Supreme Court
From a judgment of tbe District Court of Burleigh County, Nuessle, J., dismissing tbis action, plaintiff appeals. Tbe defendant was negligent in tbe employing of a young, incompetent, inexperienced boy, fourteen years old, to run or operate tbe elevator. Tbis was not only negligence and in disregard of bis duties to tbe public, but a direct violation of tbe statute of tbis state. Comp.
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From a judgment of tbe District Court of Burleigh County, Nuessle, J., dismissing tbis action, plaintiff appeals. Tbe defendant was negligent in tbe employing of a young, incompetent, inexperienced boy, fourteen years old, to run or operate tbe elevator. Tbis was not only negligence and in disregard of bis duties to tbe public, but a direct violation of tbe statute of tbis state. Comp. Laws 1913, § 1412. Public records kept under tbe law may be used to impeach tbe testimony of a witness on tbe question of bis age, and are prima facie evidence of tbe facts therein recorded. Comp. Laws 1913, §§…
1Opinion of the Court
Goss, T.
Action to recover damages alleged to have been received through the negligence of the defendant. The answer is a general denial with a plea of contributory negligence. The defendant, owner of the Grand Pacific Hotel in Bismarck, in September, 1912, installed therein a passenger elevator. Its use was begun September 30th and this accident occurred October 6th. On account of two glass panels or guards to be set in the two doors to the elevator shaft on each floor, not arriving, the elevator was operated temporarily without them. During such interval the plaintiff was injured in its…
2Cases cited34 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
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3Cited by7 opinions
- Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
- Olson v. PayneWashington Supreme Court · 1921
- Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
- Groesbeck v. Lake Side Printing Co.Utah Supreme Court · 1919
- Citizens' Bank v. FairweatherSupreme Court of Arkansas · 1917
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