McTavish v. Great Northern Railway Company
| Decision Date | 25 October 1898 |
| Court | North Dakota Supreme Court |
Appeal from District Court, Pierce County; Morgan, J.
Action by John McTavish against the Great Northern Railway Company for damages caused by fire. Judgment for plaintiff. From the judgment and order denying its motion for a new trial defendant appeals. Motion by plaintiff to strike statement of case and abstract from files.
Motion granted.
Preliminary motion granted.
W. E Dodge and Charles S. Albert, for appellant.
N. A Stewart and J. H. Bosard, for respondent.
This action is brought to recover damages alleged to have been suffered on account of injuries to the person and to the property of the plaintiff resulting from a certain prairie fire, which fire plaintiff avers was negligently started by the defendant upon its right of way. The action was tried to a jury, and resulted in a verdict and judgment for the plaintiff. A statement of the case was stipulated by counsel, and the trial court settled and allowed the same as so stipulated. A motion for a new trial was denied, whereupon judgment was entered for the plaintiff.
A preliminary motion is made in this Court to strike the statement of the case, and the printed abstract thereof, from the record, upon the ground that "there has been an utter disregard of all statutes or rules of this Court in the preparation of the statement of the case and abstract in this case." An inspection of the record discloses that the appellant's printed abstract filed with the clerk of this Court embraces a literal copy of the statement of the case without any attempt therein to reduce the evidence to a narrative form, or otherwise to condense the evidence, or to abridge the proceedings had at the trial, as such evidence and proceedings were preserved in the stenographic minutes of the trial. The statement of the case on file contains all the evidence introduced at the trial, together with all objections, rulings, and exceptions taken at the trial, as the same were preserved and written out by the official stenographer. No attempt was made in said statement to state only the substance of the reporter's notes; nor did the Court below strike out certain redundant and useless matter from the statement of the case, or any part thereof; nor was the matter embodied in the statement of the case, or any part thereof,...
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