Felton v. Midland Continental Railroad
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Stutsman County, Coffey, J. Defendant appeals. In actions based upon tbe negligence or omission of a statutory duty by a railroad company in regard to its road, a recovery, as in other cases, may be denied on account of contributory negligence. Reynolds v. Missouri, K & T. R. Co. 70 Kan. 340, 78 Pac. 801, 17 Am. Neg. Rep. 228; Ward v. Paducah & M. R. Co. 4 Fed. 862; Marshall & E. T. R. Co. v. Petty, — Tex. Civ.
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Appeal from a judgment of tbe District Court of Stutsman County, Coffey, J. Defendant appeals. In actions based upon tbe negligence or omission of a statutory duty by a railroad company in regard to its road, a recovery, as in other cases, may be denied on account of contributory negligence. Reynolds v. Missouri, K & T. R. Co. 70 Kan. 340, 78 Pac. 801, 17 Am. Neg. Rep. 228; Ward v. Paducah & M. R. Co. 4 Fed. 862; Marshall & E. T. R. Co. v. Petty, — Tex. Civ. App. —, 134 S. W. 406; Atchison, T. & S. E. R. Co. v. Jones, 110 111. App. 626; Millhouse v. Chicago, St. L. & P. R. Co. 7 Ohio C. C.…
1Opinion of the CourtChristianson, J.
This is an action to recover damages for personal injuries, and the injury to plaintiff’s automobile, alleged to have been caused by defendant’s negligence in failing to construct and maintain a good and sufficient crossing over its line of railway at a point where such line of railway intersected one of the public highways in La Moure county, in this state. The cause was submitted to a jury, which returned a verdict in favor of the plaintiff for $700. Judgment was entered pursuant to such verdict, and this appeal is from the judgment.
Appellant assigns as error the trial court’s rulings: (1)…
2Cases cited9 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Leach v. NelsonNorth Dakota Supreme Court · 1923
- Reed v. City of LangdonNorth Dakota Supreme Court · 1952
- State v. DietzNorth Dakota Supreme Court · 1962
- State v. McCartyNorth Dakota Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.