Malherek v. City of Fargo
Cases that cite this one
8 later published cases cite this decision.
- Simpler v. Lowrey (N.D. 1982)
- Landowski v. FORX MOTOR COMPANY (N.D. 1957)
- Zenker v. Winder (N.D. 1955)
- City of Minot v. Minot Highway Center, Inc. (N.D. 1963)
- Shrock v. Roy (N.D. 1961)
- Grain Growers Grain Co. v. Michigan (N.D. 1925)
- Smith v. City of La Moure (N.D. 1950)
- Union Brokerage Co. v. Jensen (N.D. 1945)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In this action plaintiff sues the city of Fargo to recover damages for a personal injury sustained by plaintiff by reason of falling on a slippery sidewalk. The plaintiff appeals from an order dismissing the action and directing the entry of judgment accordingly.
Counsel for defendant objects that an appeal does not lie from such an order. He cites the statute, Comp. Laws, § 7481. Dibble v. Hanson, 17 N. D. 21, 114 N. W. 371, 16 Ann. Cas. 1210; Lough v. White, 13 N. D. 387, 100 N. W. 1084; Re Weber, 4 N. D. 119, 28 L.R.A. 621, 59 N. W. 523; Field v. Great Western Elevator Co. 5 N. D. 400, 67 N. W. 147.
Those cases are directly in point and show that according to the settled law an appeal does not lie from an order dismissing an action. Hence the appeal is dismissed and the case remanded forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.