Atchison & Nebraska Railroad v. Washburn
Nebraska Supreme Court
Error from tbe district court of Lancaster county. It was an action brought by Wasbburn and Leiby against Tbe Atchison & Nebraska Railroad to recover damages for injury to certain horses and mules received from them by said railroad company as comriion carriers to carry over its railroad.
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Error from tbe district court of Lancaster county. It was an action brought by Wasbburn and Leiby against Tbe Atchison & Nebraska Railroad to recover damages for injury to certain horses and mules received from them by said railroad company as comriion carriers to carry over its railroad. The railroad answered denying that it received said stock from said Washburn and Leihy, but averred that it received the same from the Atlantic and Pacific Railroad under a special written contract made by that company with said Washburn and . Leihy, of which the following is a copy: “This agreement, made…
1Opinion of the CourtGantt, J.
The plaintiff in error, alleged in its answer, filed in the court below, that it received the stock from the Atlantic and Pacific R. R. Co., with whom the defendants in error had agreed that the said company, and all connecting lines over which the stock should be transported, should be deemed merely forwarders and not common carriers, and only liable for such damage or injury of such freight as may be caused by gross negligence only, and not otherwise; and the ¡ffaintiff in error also plead some denials, which will hereinafter be noticed.
The two main questions raised by the pleadings and the…
2Cases cited11 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
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3Cited by20 opinions
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
- Jones v. Board of CommissionersNebraska Supreme Court · 1880
- Chicago, R. I. & P. R. Co. v. WittyNebraska Supreme Court · 1891
- Union Pacific Railway Co. v. Metcalf & WoodNebraska Supreme Court · 1897
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