O'Neill v. Chicago, Rock Island & Pacific Railway Co.
Nebraska Supreme Court
Error from the district court for Sarpy county. Tried below before Scott, J. Rehearing of case reported in 62 Nebr., 358. Stepping between moving cars to uncouple them, is not negligence as a matter of law; and the question of fact is for the jury. Belair v. Chicago & N. W. B. Go., 43 la., 662. Every railroad in this state is blocked — not a single exception. The Union Pacific, the Burlington, the Great.
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Error from the district court for Sarpy county. Tried below before Scott, J. Rehearing of case reported in 62 Nebr., 358. Stepping between moving cars to uncouple them, is not negligence as a matter of law; and the question of fact is for the jury. Belair v. Chicago & N. W. B. Go., 43 la., 662. Every railroad in this state is blocked — not a single exception. The Union Pacific, the Burlington, the Great. Northern, the Milwaukee, the Lake Shore and all the great systems of roads are blocked, and have been for years. Blocking is a device which experienced railroad men well know lessens the…
1Opinion of the Court
Ames, C.
This case was submitted and decided at a former term of the court, and an opinion filed on the 19th day of June, 1901. See 62 Nebr., 358. Afterwards a motion for a rehearing was granted, and the cause has been exhaustively reargued by the counsel for both parties and resubmitted for our consideration. The vital question in the ease ls one of extreme importance, not only to the parties thereto and to railroad companies, but to all persons making use of mechanical devices in the conduct of their business, and to their servants and employees and to the public generally. We do not…
2Cases cited6 opinions
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- McGinnis v. Canada Southern Bridge Co.Michigan Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tite v. Omaha Coliseum Corp.Nebraska Supreme Court · 1943
- Soward v. American Car Co.West Virginia Supreme Court · 1909
- Nail v. . BrownSupreme Court of North Carolina · 1909
- Watters v. City of OmahaNebraska Supreme Court · 1906
- Brown v. Swift & Co.Nebraska Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.