Gagnier v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Charles A, Pollock, J. Action by -N. D. Gagnier against the qity of Fargo. Judgment-for plaintiff and defendant appeals. The plaintiff was guilty of contributory negligence as a matter-of law, and motion for a new trial should have, bee'n granted. Collins v. City of Janesville, 83 N. W. Rep. 695; 6 Mun. Corp. Cases. 600; Gilmar v. Inhabitants of Deerfield, 15 Gray. (Mass.) 557; Bunker v. Town of Covington, 69 Ind. 35, 35 Am.
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Appeal from District Court, Cass county; Charles A, Pollock, J. Action by -N. D. Gagnier against the qity of Fargo. Judgment-for plaintiff and defendant appeals. The plaintiff was guilty of contributory negligence as a matter-of law, and motion for a new trial should have, bee'n granted. Collins v. City of Janesville, 83 N. W. Rep. 695; 6 Mun. Corp. Cases. 600; Gilmar v. Inhabitants of Deerfield, 15 Gray. (Mass.) 557; Bunker v. Town of Covington, 69 Ind. 35, 35 Am. Rep. 202. The plaintiff claimed damages for physical injuries. The evidence .introduced related solely to such injuries. The…
1Opinion of the CourtMorgan, J.
The plaintiff seeks to recover damages claimed to>, have been received by him while riding on the defendant’s sidewalk on a bicycle, which damages are claimed to- have been caused by the *222defendant’s negligence in not keeping sáid sidewalk in proper .condition. The complaint states the cause of action, after describing the defects in the sidewalk, in the following language: “That on the 18th day of October, 1889, the plaintiff was lawfully and, rightfully riding over and upon said sidewalk on a bicycle, and that when he had arrived at a point in the same where said hole and loose bricks were…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Gronan v. KukkuckSupreme Court of Iowa · 1882
- McCoy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1894
- Pickert v. RuggNorth Dakota Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Ryan v. Oakland Gas, Light & Heat Co.California Court of Appeal · 1913
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- Axford v. GainesNorth Dakota Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.