Northern Pacific Company v. Mares

The answer of the defendant alleged 'that the said fall of the plaintiff, and his said injuries resulting therefrom, were solely caused either by the negligence of the plaintiff himself, or by that of some one or more of the other employes of the defendant engaged at work together with the plaintiff in the defendant's said yard at the time of the happening of the said injuries, and not by any negligence or fault on the part of the defendant.'

The cause was tried by a jury, and resulted in a verdict and judgment for the plaintiff of $20,000, and costs. An appeal was taken from the district court to the supreme court of the territory, where it was heard upon a record containing a statement on motion for a new trial, which it was stipulated might be treated as a bill of exceptions. It embodies all the evidence upon the trial, with the rulings of the court during its progress, and the charge of the court to the jury, with all the exceptions thereto noted. The judgment of the district court was affirmed. From that judgment the present writ of error is prosecuted.

James McNaught, for plaintiff in error.

Thomas Wilson, for defendant in error.

Mr. Justice MATTHEWS, after stating the facts as above, delivered the opinion of the court.