Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-17

ing an alternative motion for judgment
notwithstanding the verdict or for a
new trial. Defendant appeals. :.
Affirmed. Opinion of the Court by
Christianson, ].
I Cowan & Adamson and H. S. Blood,
Devils Lake, Attorneys for Plaintiff
ard Respondent. .gsx
Weeks & Noun, Bottineau, Attor.
neys for Defendant and Appellant;
From Divide County
John NJ Gum, Plaintiff and Re.
spondent, vs. Minneapolis, St. Paul
E. Sault Ste. Marie Railway Company,
Defendant and Appellant.
Syllabus: ~ The business of run
ming trains, keeping the tracks in re-.
pair and other similar work connect
ed with the use and operation of rail-
roads belongs to tina: class of work
which may be called railroad work
proper and is of peculiarly hazard
Gus nature, and for that reason may
be placed by statute in class by it.
self for the purposes of regulation
tae constitutions which guarantee the
equal protection of the laws and free
com from the deprivation of libert"
and property without due process of
law.
@(2) The unloading of freight trains
il work which is directly connected
Will: the operation of the railroad and
belongs to the class which NAV be
termed railroad work proper.
Tho fr,,o ne ~, In -
tutory discrimination is. whether all
who are similarly situated are simi.
larly treated and whether those who
are similarly situated are hindeteds OF
prevented in their competitions with
one another. s8 @
az Where an evil exists which
justifies regulation, statute which
seeks to prevent the same is not ne.
cessary invalid because it does not
bring all classes of business within
its provisions.
% Section 1904 of the Compiled
Laws of 1918 which provides that:
every common carrier shall be liza
Bile to any 4of its employees /.
for all damages which may result
from the negligence of any of its OF.
ficers, agents or employees etc." is
constitutional when applied to a rail.
road employe who is injured through
the negligence of fellow-servant
while unloading freight from car
which is on the main track OF the
railroad, and is being unloaded so
that the car may be sent out again in
the same or in another train q few
hours later.
Action to recover damages for per-,
sonal injuries sustained while unload.
ing freight car.
Appeal from the District Court OF
Divide County, X. e. Leighton, J.
Judgment for plaintiff. Defendant
appeals. orb 1.a5
Affirmed. Opinion of the Court by
Bruce, ], az
E. r. s inkler and D. G. Greenleaf.
of Minot, Attorneys for Plaintiff and
Respondent. |.
John E. Greene and Palda, Aaker
& Greene, Of Minot, North Dakota,
(and Alfred H., Bright and John L.
Erdall, of Counsel, of Minneapolis,
Mimi, Attorneys for Defendant and
Appellant.
: From Nelson County.
S. H. Cranmer, ct al, Plaintiffs and
Appellants, VS.. s. s. Lyon. as Admin.
istrator or the Estate Of John A.
Paine. deceased, ct al, Defendants
and Respondents.
Syllabus: Evidence examined and
it is held that plaintiffs have failed
to establish any right Of recovery.
From Judgment Of the District
Court of Nelson County, Cooley, j.
Plaintiffs appeal.
Affirmed. Opinion Of the Court by
Christianson, ].
Pfeffer & Pfeffer. of Fargo, N. D.,
Crofoot & Ryan, of Aberdeen, S. D.,
s. H. Cranmer, Az Tribune Annex,
Minneapolis, Mimi, attorneys for Ap-
pellants.
Pollock & Pollock, of Fargo, attor-
neys for Respondents.
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