Hennessy v. Ginsberg
North Dakota Supreme Court
Action for personal injuries in Grand Forks County, Cole, J. From a judgment entered upon a directed verdict and an order denying a new trial, tbe plaintiff appeals. A servant who is injured while obeying a direct command of hÍ3 master does not assume the risk of such injury, nor is he guilty of contributory negligence in obeying the command.
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Action for personal injuries in Grand Forks County, Cole, J. From a judgment entered upon a directed verdict and an order denying a new trial, tbe plaintiff appeals. A servant who is injured while obeying a direct command of hÍ3 master does not assume the risk of such injury, nor is he guilty of contributory negligence in obeying the command. Mellette v. Indianapolis Northern Tract Co. 86 N. E. 433; Hagerty v. Evans, 87 Minn. 435, 92 N. W. 399; Yan Duzen Gas & Gasoline Engine Co. v. Sclielies, 61 Ohio St. 298, 55 N. E. 998; Illinois Steel Co. v. Sehymanowski, 162 111. 447, 44 N. E. 876;…
1ConcurrenceGrace, J.
(specially concurring). This action is one to recover damages for injuries alleged to have been caused by the negligence of the defendants, the nature of which is alleged in the complaint. The defense is contributory negligence and assumption of risk.
We presume, under our statutes, in that regard, those defenses ara *241available to defendants. The statutes are, as we view the matter, largely declaratory of the common-law doctrine in regard to those subjects. It is very questionable whether it can be said that the common-law rule is based upon any clear principle of justice and right.
Quite an…
2Cases cited1 opinion
- Peterson v. Fargo-Moorhead Street Railway Co.North Dakota Supreme Court · 1917