S. J. Vidger Co. v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the S. J. Vidger Company against the Great Northern Railway Company. Judgment for plaintiff and defendant appeals. Party offering secondary evidence must show that better cannot be produced. McManus v. Commow et al., 10 N. D. 340, 344, 87 N. W. 8; Wigmore on Evidence, sections 1201, 1202; Bell v. Chandler, 23 Ga. 356; McCollister v. Yard et al., 57 N. W. 447; Darrow v. Pierce, 51 N. W. 813; Dade v. Aetna Ins.
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Appeal from District Court, Cass county; Pollock, J. Action by the S. J. Vidger Company against the Great Northern Railway Company. Judgment for plaintiff and defendant appeals. Party offering secondary evidence must show that better cannot be produced. McManus v. Commow et al., 10 N. D. 340, 344, 87 N. W. 8; Wigmore on Evidence, sections 1201, 1202; Bell v. Chandler, 23 Ga. 356; McCollister v. Yard et al., 57 N. W. 447; Darrow v. Pierce, 51 N. W. 813; Dade v. Aetna Ins. Co., 56 N. W. 48; Tanner v. Page, 63 N. W. 993. Notice to produce must be definite, and leave no doubt as to the instrument…
1Opinion of the CourtYoung, J.
The plaintiff brought this action to recover $187 for damages alleged to have been caused by defendant’s negligence in transporting 139 barrels of apples from Osnabrock to Hannah, in December, 1902. The complaint alleges in substance that the apples were sound and in good condition when shipped, and were of the value of $443; that in consequence of the defendant’s negligence they were frozen and 11 barrels of them were broken open and the apples scattered over the car floor, by reason of which they were so injured that they were of no greater value than *503$.256, and prayed judgment for $187.…
2Cases cited3 opinions
- South Beach Land Ass'n v. ChristyCalifornia Supreme Court · 1871
- Walker v. StimmelNorth Dakota Supreme Court · 1906
- Aultman, Miller Co. v. JonesNorth Dakota Supreme Court · 1906
3Cited by1 opinion
- Walker v. StimmelNorth Dakota Supreme Court · 1906