Welch v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Action by Frank Welch against the Northern Pacific Railway Company. Judgment for defendant and plaintiff appeals. Defendant having moved for judgment notwithstanding the verdict and not in the alternative for a new trial, if the court erred in ordering judgment, the appellate court will order judgment for the amount of the verdict. Bragg v. C., M. & St. P. Ry.
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Appeal from District Court, Walsh county; Kneeshaw, J. Action by Frank Welch against the Northern Pacific Railway Company. Judgment for defendant and plaintiff appeals. Defendant having moved for judgment notwithstanding the verdict and not in the alternative for a new trial, if the court erred in ordering judgment, the appellate court will order judgment for the amount of the verdict. Bragg v. C., M. & St. P. Ry. Co., 83 N. W. 511; Aetna Indemnity Co. v. Sohroeder, 12 N. D. 110, 95 N. W. 436; Marquardt v. Hubner, 80 N. W. 617; Kreatz v. St. Cloud School Dist., 81 N. W. 533. Judgment…
1Opinion of the CourtMorgan, C. J.
The complaint -in this action ‘alleges that the defendant negligently failed to' comply with its duty as a common carrier on a shipment of two carloads of sheep from St. Paul, Minn., to Grafton, N. T>. The negligence charged is (1) overloading the cars; (2) delay in delivering the sheep, by reason of which they were not delivered 'at Grafton until fifty-six hours after loading, the usual time required to transport such property between said places being from twenty-four to thirty hours; (3) failure to feed and water the sheep while on the road. The answer sets forth the following affirmative…
2Cases cited12 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Hooper v. Wells, Fargo & Co.California Supreme Court · 1864
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
- Higgs v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1908
- Kirk v. Salt Lake CityUtah Supreme Court · 1907
- Rieck v. DaigleNorth Dakota Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.