Wilson v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Stutsman County, Coffey, J. Action to recover damages for injuries occasioned by over exertion in attempting to put out a prairie fire. . Judgment for plaintiff. Defendant appeals. Where improper testimony for plaintiff is allowed over objection, it is the rule that prejudice must be presumed from the error, and plaintiff must affirmatively show that the testimony was harmless.
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Appeal from the District Court of Stutsman County, Coffey, J. Action to recover damages for injuries occasioned by over exertion in attempting to put out a prairie fire. . Judgment for plaintiff. Defendant appeals. Where improper testimony for plaintiff is allowed over objection, it is the rule that prejudice must be presumed from the error, and plaintiff must affirmatively show that the testimony was harmless. McPherrin v. Jones, 5 N. D. 261, 65 N. W. 685 ; Moore v. Booker, 4 N. D. 543, 62 N. W. 607; Miller v. Durst, 14 S. D. 587, 86 N. W. 631. Relevant testimony is that which conduces to…
1Opinion of the CourtBruce, J.
The complaint in this action alleges that the defendant company negligently started a prairie fire, and that “for the purpose of protecting her said property and buildings this plaintiff, then aged fifty-two years, worked in a diligent and proper manner to protect said property, and in such a manner as an ordinarily prudent and diligent person and woman would have done, and did carry out from said house and on plowed ground and on safe premises, bedding, clothes, and furniture, and did then and there carry water and assist in preventing said fire from burning up said grain, hay, buildings,…
2Cases cited29 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hoffer v. BurdNorth Dakota Supreme Court · 1951
- Huus v. RingoNorth Dakota Supreme Court · 1949
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Stephenson v. SteinhauerCourt of Appeals for the Eighth Circuit · 1951
16 more not listed; retrieve them via the Exa API.