Rae v. Chicago, Milwaukee & St. Paul Railway Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Robert Rae against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment affirming a judgment in a justice court for plaintiff, defendant appeals. The amendment proposed changed substantially the cause of action and should not have been allowed. 1 Enc. PI. & Pr. 548, 569; Mares v. Wormington et al., 8 N. D. 328, 19 N. W. 441; Hans■berger v. Railway, 43 Mo. 196; Box v. Chi., R. I. & P. Ry.
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Appeal from District Court, Cass county; Pollock, J. Action by Robert Rae against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment affirming a judgment in a justice court for plaintiff, defendant appeals. The amendment proposed changed substantially the cause of action and should not have been allowed. 1 Enc. PI. & Pr. 548, 569; Mares v. Wormington et al., 8 N. D. 328, 19 N. W. 441; Hans■berger v. Railway, 43 Mo. 196; Box v. Chi., R. I. & P. Ry. Co., 18 N. W. 695; Exposition Cotton Mills v. Western A. Ry. Co., 10 S. E. 113; Bolton v. Georgia Pac. Co., 10 S. E. 352; City v.…
1Opinion of the CourtEngerud, J.
Plaintiff recovered judgment in justice court for damages for the negligent killing of some cattle by the defendant. The original complaint averred that the cattle' were run over and killed by reason of defendant’s carelessness in the operation of its train. Before trial, and before defendants had filed any answer, the plaintiff was permitted to amend the complaint so as to allege that the negligence which caused the injury complained of was the fact that the defendant had neglected its statutory duty to keep in repair a fence erected by it on the line between plaintiff’s pasture and the…
2Cases cited1 opinion
- Daley v. GatesSupreme Court of Vermont · 1893
3Cited by7 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- More v. BurgerNorth Dakota Supreme Court · 1906
- Leach v. NelsonNorth Dakota Supreme Court · 1922
- Holler v. AmodtNorth Dakota Supreme Court · 1915
- Kerr v. City of Grand ForksNorth Dakota Supreme Court · 1906
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