The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-28
Z 4 &-t Z =
SUPREME COURT
DECISIONS -
8 IS e s. & g e 8 g

Northern Pacific Railway company,
appellant.
/. Where. in. a suit for death by
wrongful act, It. IS claimed. that the
deceased was run vel by an engine
OF a railway company at a street
crossing. and some Of the evidence
showed that on the night in question
a man could have been seen at a dis
lance OF thirty feet and the outlines
$50 to zoo feet, but the evidence also
showed that the night was very cold
and stormy and that a strong wind
was blowing with a velocity OF from
thirty to forty-five miles an hour;
that the thermometer registered
eighteen degrees below zero: that the
crossing was o lighted: that there
was a conflict as to whether there was
any tatl-light upon the engine, and the
evidence showed that between 10 and
III o'clock a hackman drove close to
an engine upon the track. which the
evidence tended to show was the one
which ran over the deceased. without
seeing. the ann or hearing any bell
or signal sounded. Held. that the
presumption Of ordinary care. which
is based upon the instinct Of self-pre-
servation. was not overcome as a mat.
ter OF law, and that the question of
c~ontributory negligence was one for
the Jury.
2. There is a legal presumption
tsat one has not committed suicide.
3. There is. no legal presumption
that a crime has been committed. OF
that under circumstances such al
those in the case al: bar, the deceased
was murdered and his body thrown
upon the track. y
4. It is the duty Of q railway COM
pany to keep a proper lookout for
travellers at a highway crossing with
in the limits Of cities. Where. there
fore. In an action for death by wrong
ful act. the mangled remains of the
deceased were found upon a railroad
crossing across which a switch en-
CINE Of the railway company had: re-
peatedly passed during the night, ana
the engineer in charge Of the said en-.
CINE testified that he knew nothing
about the fact or that the deceased
had been run over until told by other
parties. and the railway company
pleaded a total ignorance Of the cause
of the accident. Held. that the Jury
were justified In inferring negligence
on the part Of the said company. and
that there was evidence tending to
show a failure to keep a proper look
out at said highway crossing
3. A negligent custom may be
proved. Evidence. therefore, Is ad-
mtssible that an engineer who is
charged with having failed to ring his
bell and to give proper crossing sig
mails at a particular time, failed to do
so. at the same crossing on the same
night In question and within IN hour
OF h alleged accident, while engaged
In the same general switching trans
action.
s. In a suit brought under section
1885, R. e. 1906. for death by wrong
ful act, the Introduction Of mortality
tables 10 not necessary to a recovery
OF substantial damages. either to show
the expectancy Of the life Of the de-
ceased or Of his benenciaries.y A. the
common law. standard tables, and In
North Dakota, the Carlisle tables are
proper and competent evidence. blu,
their introduction is not absolutely
necessary. .'tfs
z. Evidence examined and held. &c
sustain the verdict both as to the cues.
ton Of negligence and the damage,
awarded. .r. 3.
Syllabus by the court.)
Appeal from the district court Of
Morton county. Nuchols. ].
action to recover damages for deatt
by wrongful act. Verdict and tudg.
ment for plaintiff. Defendant appeals
Affirmed.
Opinion by Bruce. ].
c. y. Murphy. respondent. vs.. Jud.
son p. Casselman and the !. United
States Fidelity and Deposit compsn!
Of Baltimore. Nd. appellants.
Held. that the decision Of this cour
in Frank B. Lown. trustee. plaintiff
and respondent. W. Judson p. Cassei
man. defendant and appellant, Yus
tanning an attorney.s- lien against
judgment collected pending this suit
by. an execution sale Of real estat,
subsequently redeemed by Casselman
renders moot the questions involved !,
this appeal: and the claim:iu litigation
having thus been paid the lower cour
IL directed to enter satisfaction Of tn
judgment appealed from.
(SylIabus by the court.J
4, An appeal from IN order OF the dis
trictr court Of Grand Forks count,
Templeton, ].
Opinion by Goss, j.