Miller v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from District Court, Eddy county; Burke, J. Action ¡by E. J. D. iMiller against ¡the Northern Pacific Railway Company. Judgment for defendant, and plaintiff ¡appeals. An official record, made by a public officer in the discharge of an official duty under obligation of his oath of office and of a penalty imposed by statute, is admissible as competent evidence of the facts required by law to be shown by it. 1 Gr. on Ev. (14th Ed.) Secs. 483, 484, and 493; 9' Am. & Eng.
Read the full summary
Appeal from District Court, Eddy county; Burke, J. Action ¡by E. J. D. iMiller against ¡the Northern Pacific Railway Company. Judgment for defendant, and plaintiff ¡appeals. An official record, made by a public officer in the discharge of an official duty under obligation of his oath of office and of a penalty imposed by statute, is admissible as competent evidence of the facts required by law to be shown by it. 1 Gr. on Ev. (14th Ed.) Secs. 483, 484, and 493; 9' Am. & Eng. Ene. Law (2nd Ed.) 882, 883. A record made by a deputy legally authorized is of equal force as that of his chief. Ill…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of Eddy county in defendant’s favor rendered pursuant to a verdict directed by the court.
The action was brought to recover damages from defendant, as a common carrier of freight, for alleged negligence in transporting a certain car -of flax belonging to plaintiff from Barlow, in this *21state, .to Duluth', Minn., whereby it is claimed that a certain quantity of such flax was lost in transit. The car was consigned to Crumpton & Crumpton, commission brokers at West Superior, W-is., and in due course the same was sold by them at Duluth and a…
2Cases cited1 opinion
- Brundage v. MellonNorth Dakota Supreme Court · 1895
3Cited by7 opinions
- Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912
- State v. KilmerNorth Dakota Supreme Court · 1915
- Duncan v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Bankers' Life Company v. HorsfallSouth Dakota Supreme Court · 1925
- Morris v. Minneapolis, St. Paul, & Sault Ste. Marie R. Co.North Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.