Omaha & Republican Valley Railway Co. v. Crow
Nebraska Supreme Court
Error from the district court of Valley county. Tried below before Thompson, J. The opinion contains a statement of the case. Under the evidence there was no breach of legal duty by defendant below towards plaintiff’s intestate, and the injury from which he died was caused by his own negligence proximately contributing thereto. It was error to refuse to direct a verdict for defendant.
Read the full summary
Error from the district court of Valley county. Tried below before Thompson, J. The opinion contains a statement of the case. Under the evidence there was no breach of legal duty by defendant below towards plaintiff’s intestate, and the injury from which he died was caused by his own negligence proximately contributing thereto. It was error to refuse to direct a verdict for defendant. (Omaha Horse R. Go. v. Doolittle, 7 Neb., 481; Gity of Lincoln v. Gillilan, 18 Neb., 114; Missouri P. R. Go. v. Moseley, 57 Fed. Rep., 922; Burns v. Boston & L. R. Go., 101 Mass., 50; Ciarle v. Boston & A. R.…
1Opinion of the Court
Ryan, O.
In the district court of Valley county there was recovered a verdict in the sum of $5,000, upon which judgment was rendered in favor of the defendant in error. In describing the pleadings and the proceedings in the district court, it will probably avoid confusion to designate-the parties according to their relation to the suit in that'court, rather than as each is plaintiff in error, or defendant in error, in this court.
The plaintiff, Marilla L. Crow, in her petition *90alleged that she was the administratrix of the estate of Jonathan S. Crow, deceased; that the defendant was a common…
2Cases cited8 opinions
- Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894
- Omaha & Republican Valley Railway Co. v. CholletteNebraska Supreme Court · 1894
- Pray v. Omaha Street Railway Co.Nebraska Supreme Court · 1895
- Spears v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1895
- St. Joseph & Grand Island Railroad v. PalmerNebraska Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Omaha & Republican Valley Railway Co. v. CrowNebraska Supreme Court · 1898
- Chicago, Burlington & Quincy Railroad v. TroyerNebraska Supreme Court · 1903
- Maucher v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1916
- Missouri Pacific Railway Co. v. TietkenNebraska Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. TroyerNebraska Supreme Court · 1903