Welch v. Fargo & Moorhead Street Railway Co.
North Dakota Supreme Court
Appeal from the District Court for Cass Comity; Pollock, J. Action to recover damages for personal injuries received by reason •of the alleged negligence of defendant. Verdict and judgment for the plaintiff. Defendant appeals. This is an appeal from an order denying appellant’s and defendant’s motion for judgment notwithstanding the verdict, or for a new trial, and also from the judgment entered herein in favor of the respondent. It is a personal injury case.
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Appeal from the District Court for Cass Comity; Pollock, J. Action to recover damages for personal injuries received by reason •of the alleged negligence of defendant. Verdict and judgment for the plaintiff. Defendant appeals. This is an appeal from an order denying appellant’s and defendant’s motion for judgment notwithstanding the verdict, or for a new trial, and also from the judgment entered herein in favor of the respondent. It is a personal injury case. The plaintiff and respondent was a hack driver in the city of Fargo, and had been such for a number of years. He was familiar with the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). We think that there is no merit in the appellant’s first proposition, that the judgment should be reversed because certain of the questions propounded to the jury and inserted in the special verdict called for conclusions of law and conclusions of fact, and not ultimate, physical facts. These questions and answers were as follows: “(4) Was the motorman guilty of any *476want of ordinary care in tbe operation of his car at the time of the accident? Answer: Yes. (5) If you answer the last question, ‘yes/ then was such want of ordinary care the proximate cause of…
2Cases cited31 opinions
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Groth v. ThomannWisconsin Supreme Court · 1901
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
26 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- Olson v. Cass County Electric Co-Operative, Inc.North Dakota Supreme Court · 1959
- Loveland v. NietersNorth Dakota Supreme Court · 1952
- Hausken v. ComanNorth Dakota Supreme Court · 1936
- Ignatowitch v. McLaughlinNorth Dakota Supreme Court · 1935
3 more not listed; retrieve them via the Exa API.