Jackson ex rel. Moore v. City of Jamestown
North Dakota Supreme Court
Action to recover damages for personal injuries. Appeal from the District Court of Stutsman County, Coffey, J. Judgment for plaintiff. Defendant appeals.
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Action to recover damages for personal injuries. Appeal from the District Court of Stutsman County, Coffey, J. Judgment for plaintiff. Defendant appeals. It is not necessary that a question should be hypothetical in form when the opinion of the witness is based, not upon assumed facts, but upon his personal knowledge and observation. 2 Jones, Bluebook on Ev. § 375, and cases cited; Kinney v. Brotherhood of American Yeoman, 15 N. D. 21, 106 N. W. 44; Pyke v. Jamestown, 15 N. D. 157, 107 N. W. 359. Evidence as to the tubercular condition of the plaintiff resulting from the injury was…
1Opinion of the CourtBruce, J.
This is an appeal from a judgment against the city of Jamestown for damages for injuries sustained by the plaintiff in falling into an open trench or ditch, some T|- feet deep and 1 foot 4 inches wide, which was constructed by the direction of the defendant and permitted by it to remain practically unprotected and immediately outside of the sidewalk, with possibly a space of a foot intervening, and just inside the curb line at the corner of Fourth and Front streets, and on the north side of said Front street in the city of Jamestown, North Dakota, the sidewalk at the place in question being…
2Cases cited9 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- McLaury v. City of McGregorSupreme Court of Iowa · 1880
- Bender v. Incorporated Town of MindenSupreme Court of Iowa · 1904
- Barnes v. SowdenSupreme Court of Pennsylvania · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Call v. City of BurleyIdaho Supreme Court · 1936
- Eisner v. Salt Lake CityUtah Supreme Court · 1951
- Krause v. City of WiltonNorth Dakota Supreme Court · 1918
- Thomas v. City of Devils LakeNorth Dakota Supreme Court · 1966
- Eisner v. Salt Lake CityUtah Supreme Court · 1951