Page:North Dakota Reports (vol. 48).pdf/84

 land to lose it to the vendor, and, in addition thereto, lose all he has paid in on the land.

Strict foreclosure is a relic of the dark ages. It should have no place nor recognition in an enlightened system of jurisprudence. It is a proceeding designed only for the protection and benefit of the creditor class and for the oppression and detriment of the debtor class.

If it is not a relic of feudalism, it is, at least, nearly such.

, Ch. J., concurs.

J. R. DANIELS, Respondent, v. JOHN BARTON PAYNE, Agent of the United States Government, Appellant.

Master and servant — negligence as to railroad carpenter injured by speeder held question for jury.

1. In an action to recover damages for personal injuries, where the plaintiff, while employed by the defendant as a carpenter, was traveling with his foreman on a speeder during a heavy snow storm, and where it appears that a gasoline can had blown off the speeder, and the plaintiff at the foreman’s direction, had gone back a short distance to recover it, leaving the foreman in charge of the speeder, with a promise to wait for him; that the foreman, during plaintiff’s absence, had undertaken some slight repair work on the speeder, allowing it meanwhile to drift with the wind, the plaintiff being struck by the speeder as he was returning with the can, it appearing that the foreman was unable to stop it by the use of the brakes when within a short distance of the plaintiff, as the brakes were clogged with snow and ice; and where the court submitted the case to the jury for a special verdict, it is held:

The record presents substantial evidence upon which to base a finding of negligence.