Quimbee logo
DMCA.com Protection Status

Moum v. Maercklein

201 N.W.2d 399 (1972)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Moum v. Maercklein

North Dakota Supreme Court

201 N.W.2d 399 (1972)

Facts

A minor (plaintiff) filed a negligence action against Soo Line Railway Company and its probationary employee Evan Dockter (defendants) for the wrongful death of her parents and for personal injuries suffered by the minor. The deaths and injuries occurred when the automobile in which the minor and her parents and sister were riding collided with an automobile that was being driven by Dockter, who was on his way to work at Soo Line. The accident occurred on a highway during a snowstorm when travel conditions were extremely hazardous and Dockter was attempting to pass another vehicle. The minor alleged that Soo Line was negligent when, during a snowstorm that made driving conditions hazardous, it called and ordered Dockter to report to work in less than two hours to a location approximately 70 miles away. The issues of Dockter’s negligence were disposed of before trial. The jury returned a verdict for the minor against Soo Line. The trial court denied Soo Line’s post-verdict motions for judgment notwithstanding the verdict and a new trial. Soo Line appealed and argued that its negligence, if any, was not the proximate cause but at most it was a prior, remote cause and argued that the deaths and the minor’s injuries resulted from Dockter’s negligence, which was an intervening, unrelated, and unforeseen cause.

Rule of Law

Issue

Holding and Reasoning (Strutz, C.J.)

What to do next…

  1. 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 603,000 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
  2. 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 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership