8 North Dakota opinions name it 1 courts 1979–2013 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lang v. Wonnenberggreen2 sentences2004However, in order to prevail on the act-of-God defense at trial, Lynne would need to establish by a preponderance of the evidence that the winds "(1) were unprecedented and extraordinary; (2) could not have been reasonably anticipated; (3) could not have been reasonably provided against; and (4) were the sole proximate cause of the damage to the ... property." Lang, 455 N.W.2d at 836 (citation omitted). 2004However, in order to prevail on the act-of-God defense at trial, Lynne would need to establish by a preponderance of the evidence that the winds “(1) were unprecedented and extraordinary; (2) could not have been reasonably anticipated; (3) could not have been reasonably provided against; and (4) were the sole proximate cause of the damage to the ... property.” Lang, 455 N.W.2d at 836 (citation omitted). | 3 | 3 |
Dempsey v. City of Sourisgreen2 sentences1981We set out the elements of the act of God defense in the case of Dempsey v. City of Souris, 279 N.W.2d 418, 421 (N.D.1979). 1981We stated: “In order to prevail in the present case using the act of God defense, the City was required to prove that the rainfall, runoff, and flooding were unprecedented and extraordinary and could not have been reasonably anticipated and provided against. [Citations omitted.] In addition, the City was required to prove that an act of God was the sole proximate cause of the damage to the Dempseys’ land. [Citations omitted.]” [Emphasis added.] 279 N.W.2d at 421 . | 3 | 3 |
Frank v. County of Mercergreen2 sentences2009In Frank, 186 N.W.2d at 443-46 , this Court discussed issues about an act-of-God defense in the context of proximate cause. 2009Co., supra. Frank , at 443. [¶ 19] This Court’s decisions have recognized that to prevail on an act-of-God defense, a defendant must prove the claimed act of God was the sole proximate cause of the damage, and if the act of God and a defendant’s fault or negligence combined to produce the damage, the defendant was still liable. | 3 | 3 |
Hoge v. Burleigh County Water Management Districtgreen2 sentences1999See, e.g., North Shore, Inc. v. Wakefield, 542 N.W.2d 725, 729 (N.D.1996); Lang v. Wonnenberg, 455 N.W.2d 832, 836 (N.D.1990); Hoge v. Burleigh County Water *714 Management Dist., 311 N.W.2d 23, 29 (N.D.1981); Dempsey v. City of Souris, 279 N.W.2d 418, 420 (N.D.1979); Frank v. County of Mercer, 186 N.W.2d 439, 443 (N.D.1971). 1990Hoge v. Burleigh County Water Management Dist., 311 N.W.2d 23 (N.D.1981). | 1 | 2 |
North Shore, Inc. v. Wakefieldgreen1 sentence1999See, e.g., North Shore, Inc. v. Wakefield, 542 N.W.2d 725, 729 (N.D.1996); Lang v. Wonnenberg, 455 N.W.2d 832, 836 (N.D.1990); Hoge v. Burleigh County Water *714 Management Dist., 311 N.W.2d 23, 29 (N.D.1981); Dempsey v. City of Souris, 279 N.W.2d 418, 420 (N.D.1979); Frank v. County of Mercer, 186 N.W.2d 439, 443 (N.D.1971). | 1 | 1 |
National Weeklies, Inc. v. Jensengreen2 sentences1981We then quoted from a Minnesota Supreme Court decision, National Weeklies, Inc. v. Jensen, 183 Minn. 150 , 235 N.W. 905, 906 (1931), as follows: “ ‘If the damage done was solely the result of an act of God, the city was not liable. 1981We then quoted from a Minnesota Supreme Court decision, National Weeklies, Inc. v. Jensen, 183 Minn. 150 , 235 N.W. 905, 906 (1931), as follows: “ ‘If the damage done was solely the result of an act of God, the city was not liable. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Aasmundstad v. State of North Dakota
green
2 sentences2013Specifically, they argue the district court erred by not considering the factors when determining an “Act of God.” “Whether an act-of- God defense has been established is a question of fact.” Aasmundstad v. State of North Dakota , 2008 ND 206, ¶ 19 , 763 N.W.2d 748 . 2013Specifically, they argue the district court erred by not considering the factors when determining an “Act of God.” “Whether an act-of-God defense has been established is a question of fact.” Aasmundstad v. State of North Dakota, 2008 ND 206, ¶ 19 , 768 N.W.2d 748 . | 2 | 2013–2013 |
Aasmundstad v. State
green
1 sentence2013Specifically, they argue the district court erred by not considering the factors when determining an “Act of God.” “Whether an act-of- God defense has been established is a question of fact.” Aasmundstad v. State of North Dakota , 2008 ND 206, ¶ 19 , 763 N.W.2d 748 . | 1 | 2013–2013 |
Huber v. Oliver County
green
2 sentences2009Huber v. Oliver County, 1999 ND 220, ¶ 9 , 602 N.W.2d 710 ; Lang v. Wonnenberg, 455 N.W.2d 832, 836 (N.D.1990); Hoge v. Burleigh County Water Mgmt. 2009Huber v. Oliver County, 1999 ND 220, ¶ 9 , 602 N.W.2d 710 ; Lang v. Wonnenberg, 455 N.W.2d 832, 836 (N.D.1990); Hoge v. Burleigh County Water Mgmt. | 1 | 2009–2009 |
Northwestern Bell Telephone Co. v. Henry Carlson Co.
green
2 sentences1979See Frank, supra; Ferderer, supra; Reichert, supra; Soules, supra; and Carlson, supra. In addition, the City was required to prove that an act of God was the sole proximate cause of the damage to the Dempseys’ land. 3 See Ferderer, supra 42 N.W.2d at 224 ; Carlson, supra 165 N.W. 2d at 349 ; Cover v. Platte Valley Public Power & Irr. 1979See Frank, supra ; Ferderer, supra ; Reichert, supra ; Soules, supra ; and Carlson, supra. In addition, the City was required to prove that an act of God was the sole proximate cause of the damage to the Dempseys' land. [3] See Ferderer, supra 42 N.W.2d at 224 ; Carlson, supra 165 N.W. 2d at 349 ; Cover v. Platte Valley Public Power & Irr. | 1 | 1979–1979 |
Ferderer v. Northern Pacific Railway Co.
green
2 sentences1979See Frank, supra; Ferderer, supra; Reichert, supra; Soules, supra; and Carlson, supra. In addition, the City was required to prove that an act of God was the sole proximate cause of the damage to the Dempseys’ land. 3 See Ferderer, supra 42 N.W.2d at 224 ; Carlson, supra 165 N.W. 2d at 349 ; Cover v. Platte Valley Public Power & Irr. 1979See Frank, supra ; Ferderer, supra ; Reichert, supra ; Soules, supra ; and Carlson, supra. In addition, the City was required to prove that an act of God was the sole proximate cause of the damage to the Dempseys' land. [3] See Ferderer, supra 42 N.W.2d at 224 ; Carlson, supra 165 N.W. 2d at 349 ; Cover v. Platte Valley Public Power & Irr. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.