Legal Opinion

Moulton v. City of Fargo

North Dakota Supreme Court

Decided November 27, 1917PublishedCited by 20 opinions

Action for personal injuries. .Appeal from the District Court of Cass County, Honorable A. T. Cole, Judge. Judgment for plaintiff.. Defendant appeals.

1Opinion of the CourtRobinson, J.

This is an appeal from a judgment for $500 recovered-against the city for- injury. The complaint avers that, pursuant to -duties by law imposed, the city kept and supervised a dumping ground; that plaintiff hauled to the ground a load of garbage consisting mainly of dry, loose paper, and dumped the same as directed by the city super* *504intendent of the ground, and that, when dumping, a smoldering fire flashed up and burned him.

The ease presents two questions, namely: (1) Is there evidence to sustain the verdict? (2) Is the city liable for the alleged negligence?

As the evidence shows, by…

2Cases cited1 opinion

  1. Montain v. City of FargoNorth Dakota Supreme Court · 1917

3Cited by20 opinions

  1. Kitto v. Minot Park DistrictNorth Dakota Supreme Court · 1974
  2. James Ex Rel. James v. City of CharlotteSupreme Court of North Carolina · 1922
  3. Bruce ex rel. Bruce v. City of Kansas CitySupreme Court of Kansas · 1929
  4. Hanson v. BerryNorth Dakota Supreme Court · 1926
  5. Belt v. City of Grand ForksNorth Dakota Supreme Court · 1955

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