Daniels v. Payne
North Dakota Supreme Court
Appeal from the District Court of Hettinger County. Lembke, J. Reversed and remanded. The evidence must affirmatively establish circumstances from which the inference arises fairly that the accident resulted from the want of some precaution which the defendant ought to have-taken. Wabash, St. h. & P. R. Co. v. Locke, 112 Ind. 404; 2 Am. St. Rep. 193, 14 N. E. 391 -md cases cited. There is no proof showing parties were engaged in interstate commerce at the time of the injury.
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Appeal from the District Court of Hettinger County. Lembke, J. Reversed and remanded. The evidence must affirmatively establish circumstances from which the inference arises fairly that the accident resulted from the want of some precaution which the defendant ought to have-taken. Wabash, St. h. & P. R. Co. v. Locke, 112 Ind. 404; 2 Am. St. Rep. 193, 14 N. E. 391 -md cases cited. There is no proof showing parties were engaged in interstate commerce at the time of the injury. Illinois C. R. Co. v. Behrens, 233 U. S. 473; Delaware L. & W. R. Co. v. Yurkonis, 238 U. S. 439; Shanks v. Delaware L.…
1Opinion of the CourtBiedzell, J.
This is an appeal from a judgment in favor of the plaintiff for $4,559.50, in an action to recover damages for personal injuries. The plaintiff was in the employ of -the defendant as a carpenter on April 7, 1919. On that day he was traveling, with his foreman Jerden, between Mercer and McClusky, on a speeder, a small car propelled by a gasoline motor. They were going east, facing a severe storm of wind and snow. When they were near the station of Pickersville the wind blew a gas can off the speeder. Jerden stopped the car and asked Daniels, the plaintiff, to go back and pick up the can.…
2Cases cited4 opinions
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Morrison v. LeeNorth Dakota Supreme Court · 1904
- Nygaard v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
- York v. General Utility Corp.North Dakota Supreme Court · 1919
3Cited by4 opinions
- Crosby v. Minneapolis, St. Paul & Saulte Ste Marie Railway Co.North Dakota Supreme Court · 1931
- Daniels v. PayneNorth Dakota Supreme Court · 1922
- Olson v. Horton Motor Co.North Dakota Supreme Court · 1921
- Olson v. Horton Motor Co.North Dakota Supreme Court · 1921