Acton v. Fargo & Moorhead Street Railway Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by William Acton against Fargo & Moorhead Street Bail-way Company. From an order denying defendant’s motion for judgment notwithstanding the verdict, or for a new trial, and from the judgment, defendant appeals. One traveling by night on a railway track must watch for approaching cars.
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Appeal from District Court, Cass county; Pollock, J. Action by William Acton against Fargo & Moorhead Street Bail-way Company. From an order denying defendant’s motion for judgment notwithstanding the verdict, or for a new trial, and from the judgment, defendant appeals. One traveling by night on a railway track must watch for approaching cars. Adolph v. Central Park, N. & E. Biver B. Co. 76 N. Y. 532; North Hudson County B. Co. v. Isley, 49 N. J. L. 468, 10 Atl. 665; Wood v. Detroit City B. Co. 52 Mich. 402, 50 Am. Bep. 259, 18 N. W. 124; Missouri P. B. Co. v. Moseley, 6 C. C. A. 641, 12 H.…
1Opinion of the CourtCarmody, J.
This is an action for damages for personal injuries inflicted ■ upon plaintiff by one of defendant’s street cars on October 15, 1907. A trial was had in the district court, and a verdict rendered in favor of the plaintiff. Thereafter the defendant moved for judgment notwithstanding the verdict, or for a new trial, both of which motions were denied, and judgment entered on the verdict. From the order denying such motions, and from the judgment, defendant appeals to this court. The appellant is the owner of a street railway system in the city of Fargo. A portion of its track is laid upon…
2Cases cited88 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
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3Cited by17 opinions
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Herrick v. Washington Water Power Co.Washington Supreme Court · 1913
- Hausken v. ComanNorth Dakota Supreme Court · 1936
- Muhlhauser v. Archie Campbell Construction Co.North Dakota Supreme Court · 1968
- Emery v. Northern Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1969
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