Legal Opinion

Chambers v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.

North Dakota Supreme Court

Decided March 26, 1917PublishedCited by 8 opinions

Appeal from Ramsey County, Chas. M. Cooley, Special Judge. When request is made it is proper for the jury, under directions of the court, to view the premises where the accident occurred even though things have been changed to some extent since the accident. Osgood v. Chicago, 154 111. 194, 41 N. E. 40; Springer v. Chicago, 135 111. 552, 12 L.R.A. 609, 26 N. E. 514; Northwestern Mut. L. Ins. Co. v. Sun Ins.

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Appeal from Ramsey County, Chas. M. Cooley, Special Judge. When request is made it is proper for the jury, under directions of the court, to view the premises where the accident occurred even though things have been changed to some extent since the accident. Osgood v. Chicago, 154 111. 194, 41 N. E. 40; Springer v. Chicago, 135 111. 552, 12 L.R.A. 609, 26 N. E. 514; Northwestern Mut. L. Ins. Co. v. Sun Ins. Office, 85 Minn. 65, 88 N. W. 272; Spurrier Lumber Co. v. Dodson, 30 Olda. 412, 120 Pac. 934; 38 Cyc. 1313. The appellate court has poiver to revise the trial judge’s action upon a motion…

1Opinion of the CourtBirdzell, J.

This action was brought to recover damages occasioned by the death of plaintiff’s husband, George C. Chambers, in an automobile accident. At the trial in the district court of Ramsey county judgment was rendered in favor of the plaintiff for $8,000, and from this judgment and from the order denying a motion for a new trial the defendant appeals to this court. The facts are as follows: On the night of April 26, 1913, Charles Doyon, John McLean, Charles Pebillard, and George C. Chambers, husband of the plaintiff, made a trip from Church’s Eerry to Devils Lake in an automobile. As the party…

2Cases cited16 opinions

  1. Morrison v. CarpenterMichigan Supreme Court · 1914
  2. Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
  3. Wilson v. Puget Sound Electric RailwayWashington Supreme Court · 1909
  4. Rebillard v. Minneapolis, St. P. & S. S. M. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
  5. Beach v. City of SeattleWashington Supreme Court · 1915

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3Cited by8 opinions

  1. Teegarden v. DahlNorth Dakota Supreme Court · 1965
  2. Fagerlund v. JensenNorth Dakota Supreme Court · 1946
  3. Hillius v. WagnerNorth Dakota Supreme Court · 1967
  4. Schmitt v. Northern Improvement CompanyNorth Dakota Supreme Court · 1962
  5. Emery v. Northern Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1969

3 more not listed; retrieve them via the Exa API.

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