A. & N. Railroad v. Bailey
Nebraska Supreme Court
Error to the district court of Richardson county. Tried below by "Weaver, J. The action there- was brought by Anderson Bailey as administrator to recover damages Resulting from the death of his infant daughter, Alice N. Bailey, on account of the carelessness and negligence of the defendant company.
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Error to the district court of Richardson county. Tried below by "Weaver, J. The action there- was brought by Anderson Bailey as administrator to recover damages Resulting from the death of his infant daughter, Alice N. Bailey, on account of the carelessness and negligence of the defendant company. Y erdict and judgment for plaintiff in sum of $2,000.00, from which the defendant prosecuted its petition in error. cited, inter alia, R. R. Co. v. Stout, 17 Wallace 657. Detroit f W. R. R. Co. v. Van Sieinburg, 17 Mich., 99. 4 Wait’s Act. & Def., p. 655. Spencer v. Milwaukee, 17 Wis., 487.…
1Opinion of the CourtCobb, J.
The first instruction given the jury on the trial of this cause is in the following words:
*334“You are instructed that if you find from the evidence that the said defendant owned and used the said turn-table in an open and exposed public place, without any enclosure or fastening or precaution whatever to prevent thoughtless children from going upon and playing with the same, and that said turn-table was a ponderous and dangerous machine calculated to induce thoughtless and meddlesome children to go upon and play with the same, and that the defendant had notice of these facts and neglected to take…
2Cases cited3 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Lord v. LordSupreme Court of Connecticut · 1854
3Cited by21 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
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