Rozell v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action for personal injuries. Appeal from tbe District Court of Billings County, Honorable TP. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. At tbe time of tbe occurrence of tbe accident of wbicb complaint is bero made, tbe railway crossing, or traveled road in question, bad not been so used for twenty years, and not having continued for twenty years, tbe public bad acquired no prescriptive right to tbe same as a highway.
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Action for personal injuries. Appeal from tbe District Court of Billings County, Honorable TP. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. At tbe time of tbe occurrence of tbe accident of wbicb complaint is bero made, tbe railway crossing, or traveled road in question, bad not been so used for twenty years, and not having continued for twenty years, tbe public bad acquired no prescriptive right to tbe same as a highway. Burleigh Co. v. Rhud, 23 N. D. 362, 136 N. W. 1082. In any event, it is doubtful whether tbe public could ever acquire anything more than tbe permissive…
1Opinion of the Court
Bruce, Ch. J.
This is an action for damages which are alleged to have been sustained by reason of a team taking fright at some kegs of nails or spikes and running away.
The accident happened in the town of Medora and at or near a crossing of the defendant and on a road which passed by the depot. The road had never been legally laid out, but was simply a winding trail along the river which had been in use for many years. The crossing over the river was put in in September, 1884. Just before reaching the railway crossing, as one drives north toward the town of Medora on this road, there is a…
2Cases cited10 opinions
- State v. AuchardMontana Supreme Court · 1898
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
- Piollet v. SimmersSupreme Court of Pennsylvania · 1884
- Burleigh County v. RhudNorth Dakota Supreme Court · 1912
- Gilbert v. Flint & Pere Marquette Railway Co.Michigan Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Black v. Southern Pacific Co.California Court of Appeal · 1932