City of Omaha v. Richards
Nebraska Supreme Court
Error, from the district court of Douglas county. Tried below before Scott, J. We contend that at the time of the drowning, Twenty-fifth street, at the point near where the accident occurred, was actually closed to public travel by reason of the existence of a pond of water, and the deceased, according to the undisputed proof of this case, at such time not only was not in the use of the street for any lawful or proper purposes, but was not in any manner using said street;…
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Error, from the district court of Douglas county. Tried below before Scott, J. We contend that at the time of the drowning, Twenty-fifth street, at the point near where the accident occurred, was actually closed to public travel by reason of the existence of a pond of water, and the deceased, according to the undisputed proof of this case, at such time not only was not in the use of the street for any lawful or proper purposes, but was not in any manner using said street; that the street, at the place referred to, being closed to public travel, the city owed no duty to the deceased to protect…
1Opinion of the CourtNorval, J.
This is an action by Fannie E. Richards, as administratrix of the estate of George Bertram Weston, deceased, against the city of Omaha, William J. Connell, and William E. Clark to recover damages for the death of plaintiff’s intestate. The death of Weston was caused by drowning in a pond of water in the corporate limits of said city. ’ A general demurrer to the petition was filed by the defendants Connell and Clark, which was sustained by the court and the action dismissed as to them. This judgment was affirmed at the January term, 1895. (Richards v. Connell, 45 Neb., 467.) The city filed an…
2Cases cited16 opinions
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- Village of Carterville v. CookIllinois Supreme Court · 1889
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. OldsonNebraska Supreme Court · 2016
- Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
- Gilligan v. City of ButteMontana Supreme Court · 1946
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- City of Omaha v. BowmanNebraska Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.