Leake v. Hagert
North Dakota Supreme Court
175 N.W.2d 675 (1970)
On October 25, 1966, Allen Leake (plaintiff) was driving his tractor and plow on a public highway after sunset. Charlotte Hagert (defendant) drove her car into the rear of Leake’s plow, which was being towed by his tractor. Leake sued Hagert, alleging that her negligence was the sole and proximate cause for his personal injuries and the damages to his plow and tractor. Hagert counterclaimed, alleging that the sole and proximate cause of the crash was Leake’s negligence. At trial, the trial court admitted testimony from Edward Gross, an adjuster who conducted an investigation of the accident. Gross testified that he spoke to Leake’s son, who told him that a rear red light on the tractor had been broken for some time. At least three other witnesses testified about the condition of the rear red light. The jury returned a verdict dismissing both Leake’s and Hagert’s claims. Leake filed a motion for a new trial, which the trial court denied. Leake appealed the dismissal and the denial of his motion.
Rule of Law
Holding and Reasoning (Paulson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.