Morrison v. Lee
North Dakota Supreme Court
Appeal from District Court, Ward county: Goss/ J. Action by James T. Morrison against P. O. Lee. Judgment for plaintiff, and defendant appeals. Where the negligence is violation of statutory or municipal law, proximate cause must be shown. 21 Am. &,Eng. Enc. Law, 480; 1 Sher. & Redf. Neg. 27; 1 Thompson on Negligence, 210. Negligence must be sole cause of injury.
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Appeal from District Court, Ward county: Goss/ J. Action by James T. Morrison against P. O. Lee. Judgment for plaintiff, and defendant appeals. Where the negligence is violation of statutory or municipal law, proximate cause must be shown. 21 Am. &,Eng. Enc. Law, 480; 1 Sher. & Redf. Neg. 27; 1 Thompson on Negligence, 210. Negligence must be sole cause of injury. Elliott v. Allegheny, etc., Co., 54 Atl. 278; Afflick v. Bates, 43 Atl. 539; The Saratoga 36 C. C. A. 208; Loftus v. Dehail, 65 Pac. 379; Rider v. Sjuacuse, etc., Co., 63 N. E. 836; Thompson on Negligence, 145; France v. Head, 42 S.…
1Opinion of the Court
Fisk, J
On February 6, 1906, plaintiff recovered a judgment against the defendant in the district court of Ward county in the sum of $8,023 for alleged negligence in selling to plaintiff a gallon of kerosene oil containing a small quantity of gasoline, which *379mixture, or, more properly speaking, the vapors formed therefrom, exploded in the can in which the same was contained while plaintiff was in the act of starting a fire, causing him serious bodily injury. The case was before this court on a former appeal, but the merits of the litigation were not considered or decided; the decision being…
2Cases cited12 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Killmer v. DuchschererNorth Dakota Supreme Court · 1955
- Sinclair Refining Co. v. TompkinsCourt of Appeals for the Fifth Circuit · 1941
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
- Goode v. Pierce Oil CorporationSupreme Court of Arkansas · 1926
- Parton v. Phillips Petroleum Co.Missouri Court of Appeals · 1937
7 more not listed; retrieve them via the Exa API.