Malmstad v. McHenry Telephone Co.
North Dakota Supreme Court
Appeal from tbe District Court of Eoster County. Coffey, J. Action to recover damages for removal of lateral support.. Plaintiff appeals from order setting aside the verdict and granting a new trial. In a motion for a new trial upon the ground of newly discovered evidence, there must be facts sufficient to enable the supreme court to see that the trial judge had legal evidence before him showing the existence of such ground.
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Appeal from tbe District Court of Eoster County. Coffey, J. Action to recover damages for removal of lateral support.. Plaintiff appeals from order setting aside the verdict and granting a new trial. In a motion for a new trial upon the ground of newly discovered evidence, there must be facts sufficient to enable the supreme court to see that the trial judge had legal evidence before him showing the existence of such ground. Braithwaite v. Aiken, 2 N. D. 51, 49 N. W. 419. Where the affidavits upon such a motion show and pertain solely to matters of a negative or merely cumulative nature, they…
1Opinion of the CourtBsuce, J.
This is an appeal from an order setting aside a verdict and granting a new trial in an action to recover damages for the negligent removal of the lateral support of a building. It would serve no useful purpose to review the evidence. The theory of the plaintiff is that the defendant negligently made the excavation in question, and, by not giving the plaintiff notice of the proposed work, made it impossible for him to protect his building. The theory of the defendant, on the other hand, is that, though no notice Was given, a wall was constructed against the adjoining bank as the work…
2Cases cited16 opinions
- Oberlander v. Fixen & Co.California Supreme Court · 1900
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Hicks v. StoneSupreme Court of Minnesota · 1868
- Morrison v. MendenhallSupreme Court of Minnesota · 1872
- Cowley v. DavidsonSupreme Court of Minnesota · 1868
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1931
- Miller v. First National BankNorth Dakota Supreme Court · 1932
- Blackorby v. GintherNorth Dakota Supreme Court · 1916
- Hermanson v. MorrellNorth Dakota Supreme Court · 1977
- Griffin v. Implement Dealers Mutual Fire InsuranceNorth Dakota Supreme Court · 1933
7 more not listed; retrieve them via the Exa API.