The Bismarck tribune., 1922-04-14
SUPREMECOURT
From Ward County.

FROM Wav0 Nounty,
Mrs. Isaac LaPoint, plaintiff and re-
spondent, vs.. Hodgins Transfer Com
pany, a corporation, defendant and ap-
pellant.
SYLLABUS:
s(1D The violation of municipal or
dinance penalizing the failure to prop.
erly fasten a horse upon street, con-
stitutes negligence per Sc.
l2) Where the minds of ordinary
prudent men might reasonably draw
different conclusions upon q statement
of facts affecting the proximate cause
Of an injury, the question is properly
for the consideration of the Jury.
(3) Where pedestrian traversing
a sidewalk in a public street was in.
jured through being bitten and knock.
ed down by a horse stepping upon the
sidewalk and, where such horse was
a member Of q team attached to a
wagon left unattended and not fas.
tened at all pursuant to the provisions
of a municipal ordinance, it is held,
for reasons stated in the opinion, that
the question whether the violation of
the ordinance proximately caused the
injuries, was for the jury.
Action in district court, Ward coun-
ty, Moellring, J.
The defendant has appealed from an
order denying judgment non obstante,
or, in the alternative, new trial.
Affirmed.
Opinion Of the court by Bronson, J.
Palda & Aaker, Minot, North Dakota,
Attorneys for plaintiff and respond
eAt
Fish, Murphy & Nash, =.
Attorneys for defendant and appel
liant. ~
From Stutsman County.
jamestown Gas Company, corpor-
alton, plaintiff and appellant, vs.. 4. J.
Ahearn, defendant and respondent.
SYLLABUS: yfa~
In an action for the conversion of
money, where the complaint alleges
that the defendant wrongfully and
fraudulently converted money which
he had received while acting as man
ager for the plaintiff "a corporation),
the defendantsmay show, under gen.
eral denial, that he properly disbursed
such monies in accordance with the
directions of the officers of the plain
tiff corporation. -.-----.-,s
From judgment of the district
court of Stutsman county Nuessle j.,
plaintiff appeals.
Affirmed.
Opinion Of the court by Christian
son J. ....:
@. S. Buck, of Jamestown, for appel
liant. ....
Divet, Holt, Frame & Thorp, OF Far
go, and Harry E. Rutgers, Of James.
town, for respondent.
From Mercer County. -.
John Froescher, plaintiff and appel
liant, VS.. Ludwig Tabbert, defendant
and respondent.
This is an action to recover GER
tain sum claimed to be owing to the
plaintiff. for threshing defendant 8
grain, and to foreclose a threshine
lien. The defendant claims that the
threshing was performed by another,
and that the plaintiff is not the own
er Of the claim in suit. At the trial
the parties stipulated in open court,
that the case shall "be tried in all
respects as jury case" The case
was so tried. The jury returned q
verdict for the defendant. The court
made an order for judgment pursuant
to the verdict, and judgment was en-
tered accordingly. On appeal, the
plaintiff contends that the trial court
should have made findings of fact.
For. reasons stated in the opinion this
contention is held to be without merit.
Appeal from the district court Of
Mercer county, Pugh, J.
Plaintiff appeals from the judgment,
and from an order denying his motion
for Judgment Notwithstanding the vec-
dict, or for q new trial.
Affirmed. ~.
Opinion of the court by Christian
son, J. ..
: Sullivan, Hanley & Sullivan, and
]. A. Heder, all of Mandan, North Da-
kota, for appellant.
David Schwartz, of Golden Valley,
North Dakota, and Norton & Kelsch,
Mandan, North Dakota, for respondent.
From Mcintosh County.
Rosina Riedlinger, petitioner and ap-
pellant, vs.. Frederick Fell, ct al, re-
spondents.
SYLLABUS:
In proceedings contesting the probate
Of will, where both the county court
and the district court, having-found
mental incapacity of the testatrix and
undue influence, disallowed the pro-
bate OF the will, it is held, that the
findings Of the district court, being in
place of verdict of a jury, are pre-
sumed to be correct and will not be
disturbed unless clearly opposed to
the preponderance of the evidence.
Action in district court, Mcintosh
county, Allen, J.
Petitioner has appealed from an or.
der disallowing the probate of a will.
Affirmed.
Per curriam. a
F. E. McCurdy, Bismarck, N. D.
Attorney for appellant.
G. NJ. Cannon, A. A. LudWlgs, ASH
ley, N. D.
Attorneys for respondents.
From WeHs County.
State OF North Dakota, ex rel, Ole
Jensen, petitioner and appellant, VS..
John F. Strauss, ct al, respondents.
SYLLABUS: -r@
% For reasons stated in the opin-
ion, it is held that Harvey School Dis
trict No. 38 "a common school dis