Trost v. City of Casselton
North Dakota Supreme Court
Appeal from Distinct Court, Cass County; Pollock, J. Action by Margaret Trost against the City of Casselton. From a judgment for plaintiff, defendant appealed. The damages are excessive, the plaintiff, a woman of sixty years, received by her fall a bruised arm and shoulder. Dr. Hormell, the only expert for plaintiff, indicated that in his opinion the fall may have caused or aggravated an attack of heart trouble.
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Appeal from Distinct Court, Cass County; Pollock, J. Action by Margaret Trost against the City of Casselton. From a judgment for plaintiff, defendant appealed. The damages are excessive, the plaintiff, a woman of sixty years, received by her fall a bruised arm and shoulder. Dr. Hormell, the only expert for plaintiff, indicated that in his opinion the fall may have caused or aggravated an attack of heart trouble. If chronic heart trouble aggravated the injury, the jury should have found what part of the damage was caused by the fall and what part by chronic disease, and have charged the…
1Opinion of the CourtBartholomew, C. J.
Action against a city to recover for personal injuries resulting from a fall occasioned by an alleged obstruction of snow and ice upon the sidewalk. Verdict for plaintiff, new trial denied, judgment upon the verdict, and defendant appeals.
Section 2172, Rev. Codes, declares: “All claims against cities for damages or injury alleged to have arisen from the defective, unsafe, dangerous or obstructed condition of any street, crosswalk, sidewalk, culvert or bridge of any' city, or, from the negligence of the city authorities in respect to any such street, crosswalk, sidewalk, culvert or bridge,…
2Cases cited17 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Law v. Town of FairfieldSupreme Court of Vermont · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Johnson v. City of GlendaleCalifornia Court of Appeal · 1936
- Szroka v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1927
- Ransom v. City of South BendWashington Supreme Court · 1913
- White v. Mayor of NashvilleTennessee Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.