Brookings v. Northern Pacific Railway Co.
North Dakota Supreme Court
From a judgment of the District Court of Stark County, LenibJee, J., defendant appeals. In a case of this kind negligence proximately causing the loss must bo shown. And where the killing is. explained, plaintiff’s case gets no support in the statutory presumption. Corbett v. G. N. R. Co. 19 N. D. 456, 125 N. W. 1054; Stoeber v. Soo (N. D.) 168 N. W. 562. Proximate cause was not mentioned, and the jury simply found for the plaintiff on general principles.
Read the full summary
From a judgment of the District Court of Stark County, LenibJee, J., defendant appeals. In a case of this kind negligence proximately causing the loss must bo shown. And where the killing is. explained, plaintiff’s case gets no support in the statutory presumption. Corbett v. G. N. R. Co. 19 N. D. 456, 125 N. W. 1054; Stoeber v. Soo (N. D.) 168 N. W. 562. Proximate cause was not mentioned, and the jury simply found for the plaintiff on general principles. Under the holdings of this court the judgment should not bo permitted to stand. Stoeber v. Soo R: Co. supra; Anderson v. Soo (N. D.) 123 N.…
1Opinion of the Court
Christianson, Ch. J.
This is an action to recover damages for the loss of a certain stallion. In his complaint, the plaintiff alleges: That the defendant at all times mentioned in the complaint operated a line of railway through and across the county of Stark; that on November 9, 1912, the plaintiff was the owner and in full possession and control of a pure-blooded Perdieron stallion, Prince Albert, registered No. 65,485, age about three years, and of the value of $2,000.
“That on the 9th day of November, a. d., 1912, while said stallion. Prince Albert, belonging to plaintiff as aforesaid, was…
2Cases cited4 opinions
- Hodgins v. Minneapolis, St. Paul & Sault Ste. Marie RailroadNorth Dakota Supreme Court · 1893
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Shuman v. RuudNorth Dakota Supreme Court · 1916
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
3Cited by2 opinions
- Bolen v. DolphNorth Dakota Supreme Court · 1932
- Ackerman v. FischerNorth Dakota Supreme Court · 1952