Peterson v. Mahon
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. The court erred in refusing to grant appellants’ motion for a directed verdict. The plaintiff’s negligence clearly appeared from the evidence and circumstances, and it was a law question which the court should have resolved in defendants’ favor. Heckman v. Evenson, 7 N. D. 173, 73 N. W. 427. The plaintiff was guilty of such contributory negligence as to clearly establish a proximate cause of the injury. Ibid.
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Appeal from the District Court of Cass County, Pollock, J. The court erred in refusing to grant appellants’ motion for a directed verdict. The plaintiff’s negligence clearly appeared from the evidence and circumstances, and it was a law question which the court should have resolved in defendants’ favor. Heckman v. Evenson, 7 N. D. 173, 73 N. W. 427. The plaintiff was guilty of such contributory negligence as to clearly establish a proximate cause of the injury. Ibid. The plaintiff did not exercise that ordinary and proper care which a prudent man ought to do, and is guilty of such negligence…
1Opinion of the CourtBurke, J.
The facts in this case are not in dispute and may be summarized as follows: A man named McCain went to the city of Fergus Falls, Minnesota, during the latter part of January, 1911, and assumed the name of Edward D. Bell. Upon his arrival he registered at one of the hotels under the name of Bell, and opened negotiations with the First National Bank of that city for the rental of offices over the bank, which at his request were remodeled for his use. Shortly after his arrival he was introduced to an attorney named Frankberg, who had resided in the town all his life and had been practising law…
2Cases cited11 opinions
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
- Oakland Bank of Savings v. MurfeyCalifornia Supreme Court · 1886
- Joost v. CraigCalifornia Supreme Court · 1901
- State ex rel. Kleinsorge v. MeyerMissouri Court of Appeals · 1876
- Homan v. Wayer320California Court of Appeal · 1908
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3Cited by2 opinions
- Aetna Casualty & Surety Co. v. Commonwealth Ex Rel. AndresCourt of Appeals of Kentucky (pre-1976) · 1930
- Wolverine Farms Co. v. De YoungMichigan Supreme Court · 1914