Kavanaugh ex rel. Kavanaugh v. Nestler
North Dakota Supreme Court
Appeal from Burke County, Leighton, J. Verdict for defendant* From an order granting a new trial defendant appeals. The question of whether a driver has been guilty of negligence in causing an injury is one of fact for the jury’s determination. 4 Ann. Gas. 399. A pedestrian has the right to presume that a driver of an automobile will exercise proper precaution.
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Appeal from Burke County, Leighton, J. Verdict for defendant* From an order granting a new trial defendant appeals. The question of whether a driver has been guilty of negligence in causing an injury is one of fact for the jury’s determination. 4 Ann. Gas. 399. A pedestrian has the right to presume that a driver of an automobile will exercise proper precaution. In a like manner a person operating an automobile has the right to act upon the assumption that every person whom he meets will exercise ordinary care and caution, according to the circumstances and will not negligently or recklessly…
1Per curiam
Plaintiff brought this action to recover damages alleged to have been caused by defendant’s negligence. The jury returned a verdict for the defendant. Plaintiff made a motion for a new trial. The motion was granted and defendant has appealed.. The evidence shows that on October 15, 1917, about 5 o’clock in the afternoon, the plaintiff, a boy about thirteen years old, was struck and knocked down by an automobile owned and operated by the defendant. The accident occurred on the highway about a mile or a mile and a quarter northwest of Carpió in this state. The plaintiff and the defendant were…
2Cases cited6 opinions
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Heyrock v. McKenzieNorth Dakota Supreme Court · 1899
- Gull River Lumber Co. v. Osbrone McMillan Elevator Co.North Dakota Supreme Court · 1896
- Galvin v. Tibbs, Hutchings & Co.North Dakota Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mischel v. VogelNorth Dakota Supreme Court · 1959
- Huntsman v. First National Bank of El PasoArizona Supreme Court · 1926
- State v. GraberNorth Dakota Supreme Court · 1950
- Crane-Johnson Co. v. Prairie Fibre Co.North Dakota Supreme Court · 1932
- Zachmeier v. Oil Exploration Co.North Dakota Supreme Court · 1956
1 more not listed; retrieve them via the Exa API.