Messer v. Bruening
North Dakota Supreme Court
Appeal from the District Court of Foster County, Coffey, J. Action to recover damages for personal injuries. Judgment for plaintiff. Defendant appeals. The z*ight of the trial court to participate in the examination of witnesses is conceded; but it is urged as the settled role, that such right should he exercised with great caution and impartiality, to the end that the jury may not be mislead or influenced. State v. Hazlett, 14 N. D. 490, 105 N. W. 611; Comp.
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Appeal from the District Court of Foster County, Coffey, J. Action to recover damages for personal injuries. Judgment for plaintiff. Defendant appeals. The z*ight of the trial court to participate in the examination of witnesses is conceded; but it is urged as the settled role, that such right should he exercised with great caution and impartiality, to the end that the jury may not be mislead or influenced. State v. Hazlett, 14 N. D. 490, 105 N. W. 611; Comp. Laws 1913, § 1620; Territory v. 0’IIare, 1 N. D. 30, 44 N. W. 1003; State v. Barry, 11 N. D. 428, 92 N. W. 8Ó9; 40 Cyc. 2441, notes…
1Opinion of the CourtBruce, J.
This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant and appellant while driving an automobile. The case has been before us. on a former appeal and on which a new trial was ordered. See Messer v. Bruening, 25 N. D. 599, 48 L.R.A.(N.S.) 945, 142 N. W. 158. The testimony on the two trials being substantially the same, a reiteration here is not necessary.
But two grounds for a reversal are urged: (1) That the evidence is not sufficient to support the verdict; (2) that the trial court erred in his examination of the defendant…
2Cases cited8 opinions
- Long v. StateIndiana Supreme Court · 1884
- Sparks v. StateSupreme Court of Alabama · 1877
- Huffman v. CaubleIndiana Supreme Court · 1882
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Lefever v. JohnsonIndiana Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pritchett v. Executive Director of the Social Service BoardNorth Dakota Supreme Court · 1982
- In Interest of JANorth Dakota Supreme Court · 1979
- State v. YodsnukisNorth Dakota Supreme Court · 1979
- Miller v. MillerNorth Dakota Supreme Court · 1952
- Ohlsen v. E. D.North Dakota Supreme Court · 1979
1 more not listed; retrieve them via the Exa API.