Moe v. Northern Pacific Railroad
North Dakota Supreme Court
A PPEAL from district court, Barnes county; lion. Bod-/l erick Bose, Judge. Action by Ole J. Moe against tbe Northern Pacific Bailroad Company for damages arising from tbe death of bis son, caused by defendant's negligence. Yerdict and judgement for defendant under direction. Plaintiff appeals.
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Wallin, J.
This action was tried on June 30,1887, and on that day and on defendant’s motion therefor, tbe district court, Hon. W. H. Francis, J., presiding, instructed tbe jury to return a verdict for defendant, which verdict was returned. A stay of ninety days was entered in plaintiff’s favor as follows: “Within which to move for a new trial, and perfect and have settled and file exceptions, and perfect appeal to supreme court.” ,No notice of intention to move for a new trial was ever served or filed in the action, but on July 15, 1887, plaintiff’s…
2Cases cited2 opinions
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
3Cited by9 opinions
- Woods v. WalshNorth Dakota Supreme Court · 1898
- Glaspell v. Northern Pacific RailroadSupreme Court of the United States · 1892
- McGillycuddy v. MorrisSouth Dakota Supreme Court · 1895
- McDonald v. BeattyNorth Dakota Supreme Court · 1900
- McLean v. UnderdalNorth Dakota Supreme Court · 1943
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