Hendricks v. Fremont, Elkhorn & Missouri Valley Railroad
Nebraska Supreme Court
Error from the district court for Saunders county. Action by administrator for death — by wrongful act — of his intestate, brought under Lord Campbell’s Act, i. e.} chapter 21 of Wheeler’s Compiled Statutes. Tried below before Sornborger, J. Court directed a verdict for defendant.
1Opinion of the Court
Duffie, C.
Jerry H. Reigel was killed on the 17th of March, 1899, by being thrown from the seat of his wagon in a runaway caused by his team being frightened by the train of the defendant in error. Hendricks, administrator of his estate, brought this action to recover damages on account of his death. After the plaintiff had introduced his evidence and rested, the court gave a peremptory instruction to the jury to return a verdict for the defendant. The plaintiff brings the case to this court on error, claiming that said instruction was unwarranted.
The facts disclosed by the record are that on…
2Cases cited1 opinion
- Walters v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
3Cited by7 opinions
- Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Williams v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1907
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Bergeron v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1916
- Clinebell v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1906
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