McTavish v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Pierce County; Morgan, J. Action by John McTavish against the Great Northern Railway Company for damages caused by fire. Judgment for plaintiff. From the judgment and order denying its motion for a new trial, defendant appeals. Motion by plaintiff to strike statement of case and abstract from files.
1Opinion of the CourtWallin, J.
This action is brought to recover damages alleged to have been suffered on account of injuries to the person and to the property of the plaintiff resulting from a certain prairie fire, which fire plaintiff avers was negligently started by the defendant upon its right of way. The action was tried to a jury, and resulted in a verdict and judgment for the plaintiff. A statement of the case was stipulated by counsel, and the trial court settled and allowed the same as so stipulated. A motion for a new trial was denied, whereupon judgment was entered for the plaintiff.
A preliminary motion is made…
2Cases cited1 opinion
- Elton v. O'ConnorNorth Dakota Supreme Court · 1896
3Cited by3 opinions
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Smith v. KunertNorth Dakota Supreme Court · 1908
- State v. MyersNorth Dakota Supreme Court · 1945