Nick was born in the new home of his parents which was built on his great grandfather, James', homestead in Fertile Township near Grafton. He attended school in Walsh County, and worked for his father while living at home. For a time he was employed at the Chocolate Shop restaurant in Grafton, ND. His brother, Jim, who was twelve at the age of Nick's death, described him as a very kind older brother. Jim was devastated at the news of Nick's death, and recalled how Christmas at the Rutherford home was never the same after that sad holiday when the family received news of the truck roll-over near Minot, killing Nick and his friend Joe Cernik, both age 23. Another brother, Kenny, survived the accident.
From Walsh Country Record newspaper article, 1934:

Chivalrously but tragically, two Walsh county men, Nichol Rutherford and Joseph Cernik, each 23, of Fertile and Farmington townships, respectively, met death early Friday morning when a truck bearing a load of coal they were returning to this section overturned at the foot of a hill on a lonely stretch near Sawyer, N.D.
Kenneth Rutherford, 19, also a member of the party and brother of the driver of the truck, suffered bruises and shock, but his condition is not critical. Parents of the dead men are Mr. And Mrs. J. N. Rutherford, eight miles northwest of Grafton, and Mr. and Mrs. Peter P. Cernik, residing five miles northwest of this city.
Both men died of internal injuries sustained from the weight of the coal and shock. Icy roads are believed to have caused the truck to get out of control and upset.
Funeral services for Cernik were conducted at 11 a.m., Monday in St. John’s Catholic Church, Grafton, with Father William Mulloy in charge. Burial was in the Grafton Catholic cemetery.
Members of Company C, Grafton National Guard unit, in which Cernik was a corporal, added a military touch to the service. Walter Quist sounded taps at the cemetery. Pallbearers were Oscar Gourde, Frank Bernard, Charles Votava, Raymond Collette, Wilfred and Arthur Laurier.
Rutherford was buried in the Hoople cemetery following funeral services yesterday afternoon in the home near Hoople and in the Hoople Woodmen hall. Walter Jardin officiated.
Pallbearers were Russell and Clinton Rutherford, Lloyd, James and Herschel Larson and Marlow Hanson.
As the men lay dying, far from immediate, help, the concern of each was for the other, the injured Kenneth told Sheriff R. W. Kennard of Ward county. Sawyer is a few miles southeast of Minot.
As Kenneth dragged himself from the wreckage and sought to help his two companions Cernik pleaded with him to “help Nick,” and Nichol responded: “No, you help Joe.”
Both men were dead within a few minutes. Their bodies were taken to an undertaking establishment at Velva in McHenry county, a few miles from the scene of the accident.
The three young men who had been trucking potatoes to the western part of the state, left home for Bismarck Tuesday and after disposing of their potatoes loaded the truck with coal which they intended to bring to Grafton to sell. They were nine miles south and a mile east of Sawyer when the truck went out of control and turned the load of

coal over on them.
Nichol Rutherford was born in Fertile township, Walsh county, and attended school in that district. For the last
several years had been farming with his father.
His survivors are his father and mother, Mr. And Mrs. J.N. Rutherford, with whom he lived, four brothers, Delbert
in Chicago, Kenneth, Joseph and Marvin residing at the home farm, and five sisters, Harriet and Alfreda in Chicago, and Leona, Mable, Gladys and Clarice, residing at home.
Cernik was born in Colon, Neb., Sept. 10, 1911 of Bohemian progenitors. Since coming to Walsh county march 5, 1920 he has lived with his parents on their farm 4 1⁄2 miles northwest of Grafton. In addition to his parents he is survived by a brother, Lloyd P., Grafton, and one sister, Mrs. John L. Kouba, Pisek. Other surviving relatives live in Nebraska. He was a communicant of St. John’s church, Grafton.