Legal Opinion · Dissent

Scherer v. Schlaberg

North Dakota Supreme Court

Decided September 30, 1909Published

Appeal from District Court, Grand Forks county; Templeton, J. Action by Jacob Scherer, as administrator of the estate of Frances Scherer, against Frank Schlaberg and Frank L. Griffin. Judgment for defendants and plaintiff appeals. Contributory negligence of a parent, although a beneficiary, not a defense. Norfolk Railroad Co. v. Groseclose, 88 Va. 267, 29 Am.

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Appeal from District Court, Grand Forks county; Templeton, J. Action by Jacob Scherer, as administrator of the estate of Frances Scherer, against Frank Schlaberg and Frank L. Griffin. Judgment for defendants and plaintiff appeals. Contributory negligence of a parent, although a beneficiary, not a defense. Norfolk Railroad Co. v. Groseclose, 88 Va. 267, 29 Am. St. Rep. 718; Wymore v. Mahaska 'County, 43 N¡. W. 264. Negligence of one member of a family not attributable to another. Cleveland, Columbus and Cincinnati Ry. Co. v. Crawford, 24 Ohio St. 631, 15 Am. Rep. 633; Davis v. Guarnieri, 45…

1DissentEllsworth, J.

I am unable to concur in the result announced by my associates in this case, or in their reasoning upon any of the points passed upon -by the majority opinion.

The principles accepted by this court as governing the disposal upon appeal of cases tried to a jury in which a verdict has been directed by the court are so strongly established and well recognized that they cannot now be the subject of dispute or difference of opinion. When a trial court, at the close of the entire testimony in an action tried before it, holds as a matter of law that one party or the other is entitled to a verdict,…

2Cases cited17 opinions

  1. Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
  2. Wymore v. Mahaska CountySupreme Court of Iowa · 1889
  3. Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
  4. Beauchamp v. Saginaw Mining Co.Michigan Supreme Court · 1883
  5. N. & W. R. R. v. Groseclose's Adm'rSupreme Court of Virginia · 1891

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