Messer v. Bruening
North Dakota Supreme Court
From a judgment of tbe District Court for Foster County, Coffey, The plaintiff should not have been permitted to give his conclusions to the jury that the buggy was all right. American Soda Fountain Co. v. Hogue, 17 N. D. 375, 17 L.R.A.(N.S.) 1113, 116 N. W. 339. Natural or imminent dangers do not necessarily follow or result from the use of an automobile. Expressions of such character by the court in its charge to the jury are prejudicial error. Moffitt y.
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From a judgment of tbe District Court for Foster County, Coffey, The plaintiff should not have been permitted to give his conclusions to the jury that the buggy was all right. American Soda Fountain Co. v. Hogue, 17 N. D. 375, 17 L.R.A.(N.S.) 1113, 116 N. W. 339. Natural or imminent dangers do not necessarily follow or result from the use of an automobile. Expressions of such character by the court in its charge to the jury are prejudicial error. Moffitt y. Cressler, 8 Iowa, 122; Farr v. Fuller, 8 Iowa, 347. Unsupported and misleading instructions constitute reversible error. Mundhenk v.…
1Opinion of the CourtGoss, J.
Defendant appeals from an order denying a motion for new trial. Plaintiff recovered a verdict for $800, based upon injuries caused by the horse he was driving becoming frightened at an automobile owned and operated by defendant. The accident occurred on a level prairie where both parties had plenty of opportunity to avoid trouble. The road was of the usual four rods in width, with no embankments, and with plowed fields on either side. The immediate cause of the injury was the dashboard and front of the single buggy giving way when plaintiff attempted to control his horse, allowing him to…
2Cases cited6 opinions
- Christy v. ElliottIllinois Supreme Court · 1905
- Indiana Springs Co. v. BrownIndiana Supreme Court · 1905
- Shinkle v. McCulloughCourt of Appeals of Kentucky · 1903
- State v. GoodwinIndiana Supreme Court · 1907
- Mahoney v. MaxfieldSupreme Court of Minnesota · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schaar v. ConforthSupreme Court of Minnesota · 1915
- Messer v. BrueningNorth Dakota Supreme Court · 1916
- Stuch v. TownMichigan Supreme Court · 1914
- Ellsworth v. JarvisSupreme Court of Kansas · 1914
- Armann v. CaswellNorth Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.