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…
1Opinion of the Court
Christianson, Ch. J.
In this action, the plaintiff seeks to recover damages for the death of his wife, which he alleges was occasioned by the negligence of the defendant. It is averred in the complaint, and the evidence shows, that the plaintiff’s wifej Tina Salewski, on June 27, 1917, was riding in a buggy which was being drawn by a single horse along Fourth avenue, in the village of Courtenay. The horse was being driven by a niece of the deceased. As they were about to cross ■ the railroad tracks of the defendant in that village, the horse became frightened at a locomotive, so that it…
2Cases cited12 opinions
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Abbot v. KalbusWisconsin Supreme Court · 1889
- Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918
- Cahoon v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
- Walters v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
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