Peterson v. Fargo-Moorhead Street Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Cass County, Chas. A. Pollock, J. The fellow-servant rule is abolished in this state in so far as concerns actions against common carriers of persons and property, and neither the negligence of the fellow servant, nor that of the plaintiff, is a bar to an action for damages. The statute is constitutional. Comp.
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Appeal from the District Court of Cass County, Chas. A. Pollock, J. The fellow-servant rule is abolished in this state in so far as concerns actions against common carriers of persons and property, and neither the negligence of the fellow servant, nor that of the plaintiff, is a bar to an action for damages. The statute is constitutional. Comp. Daws 1913, §§ 4804, 4805. To strike down a state statute as violative of the Federal Constitution, one must show that he is within the class with respect to whom the act is unconstitutional, and must show that the alleged unconstitutionality feature…
1Opinion of the CourtGrace, J.
This action is one maintained by the plaintiff against the defendant on the ground of negligence. The complaint is in the ordinary form, and alleges the negligence of the defendant and its want of due care and attention to its duty in that the defendant conducted itself so carelessly, negligently, and unskilfully that by and through the carelessness, negligence, and fault of said defendant and its servants, it provided, used, and suffered to he used an insufficient, defective,, and unsafe switch, frogs, and connecting appliances on said switch leading from its main line on Eleventh street…
2Cases cited14 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Barbier v. ConnollySupreme Court of the United States · 1884
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
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3Cited by5 opinions
- Mehau v. ReedHawaii Supreme Court · 1994
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Waslien v. City of HillsboroNorth Dakota Supreme Court · 1922
- Hennessy v. GinsbergNorth Dakota Supreme Court · 1920
- Wehsner v. Kansas City Life InsuranceNorth Dakota Supreme Court · 1920