Balding v. Andrews
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Glaspell, J. Action to recover for the negligent burning of hay and straw, 'by George H. Balding against A. C. Andrews and J E. Gage, .partners under the firm name of Andrews & Gage. Judgment for plaintiff and defendants appeal. Statements of elevator agent as to his acts done several hours prior to fire, and his opinion as to cause thereof, inadmissible to bind principals.
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Appeal from District Court, Stutsman county; Glaspell, J. Action to recover for the negligent burning of hay and straw, 'by George H. Balding against A. C. Andrews and J E. Gage, .partners under the firm name of Andrews & Gage. Judgment for plaintiff and defendants appeal. Statements of elevator agent as to his acts done several hours prior to fire, and his opinion as to cause thereof, inadmissible to bind principals. Short v. N. P. Elevator Co., 1 N. D. 159, 45 N. W. Rep. 706; Luby v. Ry. Co., 17 N. Y. 131; Whitaker v. Ry. ‘Co., 51 N. Y. 595; Ryan v. Gilmer, 2 Mont. 517. The statements were…
1Opinion of the CourtCochrane, J.
Plaintiff’s action is to recover damages for the •destruction, by fire, of certain hay and straw stacked near thieelevator of defendants. The fire caught from cinders blown into the stacks from the burning elevator of defendants.
The evidence does not disclose the cause or “origin of the fire which destroyed appellant’s elevator. This is left entirely to speculation and conjecture. At 2 o’clock on the day of the fire, defendant’s agent, Longbolle, mended the elevator chain. He operated the machinery from 2 until 5 :30 p. m. The fire was discovered in or near the elevator pit about 6 :30 or 7…
2Cases cited39 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Hawker v. B. &. O. R. R.West Virginia Supreme Court · 1879
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
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3Cited by11 opinions
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Johnston's Fuel Liners, Inc.North Dakota Supreme Court · 1963
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Farmers Home Mutual Insurance v. Grand Forks Implement Co.North Dakota Supreme Court · 1952
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
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