York v. General Utility Corp.
North Dakota Supreme Court
Appeal from the District Court of Eddy County, O. TP". Buttz, Judge. “If two ways are open to a person to use, one safe and the other dangerous, the choice of the dangerous way, with knowledge of the danger, constitutes contributory negligence.” 29 Cyc. 520. “In every case there is a preliminary question for the judge whether there is evidence from which the jury may properly proceed to find a verdict.”
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Appeal from the District Court of Eddy County, O. TP". Buttz, Judge. “If two ways are open to a person to use, one safe and the other dangerous, the choice of the dangerous way, with knowledge of the danger, constitutes contributory negligence.” 29 Cyc. 520. “In every case there is a preliminary question for the judge whether there is evidence from which the jury may properly proceed to find a verdict.” Anderson v. Phillips, 160 N. W. 315. There is no liability of the defendant Bheinfrank to any person because of the method of construction of this defendant company of its business…
1Opinion of the CourtGrace, J.
This action is one to recover for personal injuries received by the plaintiff, on the 6th day of July, 1916, at the city of *57New Rockford, North Dakota, which injuries are alleged to be due to the negligence of the defendants.
The case was twice tried to the court and a jury. In the first trial, the jury returned a verdict in plaintiff’s favor for $14,750. From the judgment entered upon that verdict, an appeal was taken to this court, and, for errors in the instructions of the court, it was reversed, and the case remanded for a new trial, which was had, the jury returning a verdict for…
2Cited by5 opinions
- Interstate Power Co. v. ThomasCourt of Appeals for the Eighth Circuit · 1931
- Fitch v. City of Blue EarthSupreme Court of Minnesota · 1930
- Daniels v. PayneNorth Dakota Supreme Court · 1921
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1923
- Sullivan v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927