McClary v. Sioux City & Pacific Railroad
Nebraska Supreme Court
This was a petition in error to review the judgment of the district court of Dodge county. The case is fully stated in the opinion of the court. submitted tbe following points: I. "Was the fact of tbe defendant running its train behind time, as stated in tbe petition, negligence? II.
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This was a petition in error to review the judgment of the district court of Dodge county. The case is fully stated in the opinion of the court. submitted tbe following points: I. "Was the fact of tbe defendant running its train behind time, as stated in tbe petition, negligence? II. If so, was snob negligence of tbe defendant tbe proximate cause of tbe injury complained of? As to tbe first point, we submit: 1. Tbe running of a train out of its regular, usual and advertised time of running, constitutes negligence. Angelí on Carriers, 439. General Statutes of Nebraska .1873, sections 121, 122,…
1Opinion of the CourtMaswell, J.
The petition in this cause states that the defendants “are a corporation operating and running a certain railroad in the state of Nebraska, between the city of Eremont, in the county of Dodge, to some point in the county of Cuming, at or near the town of West Point, in said bounty, and that said defendant was a common carrier of passengers in cars over and upon said railroad, for hire .and reward; and thereupon the said plaintiff on the fifth day of July, 1871, at the special instance and request of the said defendant, became and was a passenger on the said railroad of the said defendant…
2Cases cited1 opinion
- Lowe v. MossIllinois Supreme Court · 1851
3Cited by20 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. ZerneckeSupreme Court of the United States · 1902
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