Johnson v. Missouri Pacific Railway Co.
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before 'Wakeley, J. 1. Defendant can not exonerate itself upon the proposition that the accident resulted from the act of God, unless it shows that it was guilty of no act which contributed to the accident.
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Error to the district court for Douglas county. Tried below before 'Wakeley, J. 1. Defendant can not exonerate itself upon the proposition that the accident resulted from the act of God, unless it shows that it was guilty of no act which contributed to the accident. Shearman & Red field on Neg., p. 6, § 5. Pruitt v. Han. & St. J. B. R., 62 Mo., 527-541. Hutchinson on Carriers, p. 145, § 186. Michaels v. -N. Y. Gen. R. R., 30 N. Y., 564. Read v. Spaulding, 30 N. Y., 630. Bostwiek v. B. & O. R. R. Go., 45. N. Y., 712. Gondict v. Ry. Go., 54 N. Y., 500. Wolf v. Am. Ex. Go., 43 Mo., 421-425. Nor…
1Opinion of the CourtReese, J.
Counsel for defendant in error, both by his brief and in the oral argument, called the attention of the court to the alleged fact that the amended petition of defendant in error *695attached to the record was filed without his knowledge, and without permission from the district court, and presents the case in this court upon the original petition alone, disregarding the amended petition. By an examination of the record we find the amended petition copied into the transcript, duly certified by the clerk of the district court, and treated in all respects as the other proceedings in the ease. This…
2Cases cited10 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- City of Chicago v. ScholtenIllinois Supreme Court · 1874
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3Cited by16 opinions
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Buehner Chair Co. v. FeulnerIndiana Supreme Court · 1905
- Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894
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