Legal Opinion

Schultz v. Winston & Newell Co.

North Dakota Supreme Court

Decided December 16, 1938No. File No. 6568PublishedCited by 11 opinions

1Opinion of the Court

Englert, Dist. J.

This action was instituted, by the plaintiff to recover damages for the alleged wrongful death of her unmarried son, Fred Schultz, under §§ 8321 and 8322 Comp. Laws 1913, as a result of an automobile collision.

In her complaint, she alleges that the collision and death resulted from the negligence of Herbert P. Asselstine, an employee of Winston & Newell Company.

The defendants, in their answer, allege that the collision and death resulted from the contributory negligence of the deceased.

The case was tried before the court and a jury. At the close of the evidence, defendants…

2Cases cited20 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Lindquist v. ThiermanSupreme Court of Iowa · 1933
  3. Billingsley v. McCormick Transfer Co.North Dakota Supreme Court · 1929
  4. Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
  5. Kiviniemi v. American Mutual Liability InsuranceWisconsin Supreme Court · 1930

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3Cited by11 opinions

  1. Hopkins v. McBaneNorth Dakota Supreme Court · 1988
  2. Merchants Nat. Bank & Trust Co. of Fargo v. United StatesDistrict Court, D. North Dakota · 1967
  3. Teegarden v. DahlNorth Dakota Supreme Court · 1965
  4. Ingalls v. Paul Revere Life Ins. GroupNorth Dakota Supreme Court · 1997
  5. Olson v. Kem Temple Ancient Arabic Order of the Mystic ShrineNorth Dakota Supreme Court · 1951

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

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