Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 21North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor Lawyers Co-operative Publishing Company, 1912 |
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Page 35
... Jury . - Excavations in Streets - Negligence of City - 4. The evidence in this case being conflicting as to the precautions which the appellant took on a stormy night to protect travelers from injury by rea- son of an excavation in a ...
... Jury . - Excavations in Streets - Negligence of City - 4. The evidence in this case being conflicting as to the precautions which the appellant took on a stormy night to protect travelers from injury by rea- son of an excavation in a ...
Page 40
... jury might conclude that they were inadequate or im- properly placed to serve the purpose contemplated . The location of one light on the only safe part of the street , hung from a plank 30 inches above ground , could rightly be ...
... jury might conclude that they were inadequate or im- properly placed to serve the purpose contemplated . The location of one light on the only safe part of the street , hung from a plank 30 inches above ground , could rightly be ...
Page 42
... jury to determine . 8 Enc . Ev . p . 952 . 4. Other assignments relate to certain instructions given to the jury . The first error relates to an instruction regarding the place of the lights , the objection being that it ignored the ...
... jury to determine . 8 Enc . Ev . p . 952 . 4. Other assignments relate to certain instructions given to the jury . The first error relates to an instruction regarding the place of the lights , the objection being that it ignored the ...
Page 44
... jury found that it was not blown , and that no warning was given after passing a crossing several hundred feet east of the station , and it was con- ceded that no stop was made at the station . Held , that under the circumstances the ...
... jury found that it was not blown , and that no warning was given after passing a crossing several hundred feet east of the station , and it was con- ceded that no stop was made at the station . Held , that under the circumstances the ...
Page 49
... jury found that it was not . It is the custom of the road for the engineer to give a certain whistle as a signal when ap- proaching or passing a side - tracked train if followed by a second train or section . All the train men and the ...
... jury found that it was not . It is the custom of the road for the engineer to give a certain whistle as a signal when ap- proaching or passing a side - tracked train if followed by a second train or section . All the train men and the ...
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Popular passages
Page 174 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 236 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 474 - If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly by adjournment prevent its return, in which case it shall not be a law.
Page 41 - Plaintiff fell into the trench and was injured, and the court held that the question, of contributory negligence was properly submitted to the jury...
Page 107 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 488 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 279 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed; 2.
Page 225 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding...
Page 90 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 96 - It certainly is very desirable that these matters should be based upon certain and intelligible principles, and that the measure of damages for the breach of a contract for the...