Legal Opinion

Gilchrist v. City of South Omaha

Nebraska Supreme Court

Decided February 1, 1893No. 4880Published

Error from the district court of Douglas county. Tried below before Irvine, J. Burnham v. Boston, 10 Allen [Mass.], 290; South Omaha v. Cunningham, 31 Neb., 316; Omaha v. Randolph, 30 Id., 699; Lincoln v. Walker, 18 Id., 250; Valparaiso v. Donovan, 28 Id., 406; Lincoln v. Smith, 28 Id., 762. Rice v. Montpelier, 19 Vt., 470; Cassidy v. Stockbridge, 21 Id., 319; Spar hawk v. Salem, 83 Mass., 30; Scranton v. Hill, 102 Pa.

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Error from the district court of Douglas county. Tried below before Irvine, J. Burnham v. Boston, 10 Allen [Mass.], 290; South Omaha v. Cunningham, 31 Neb., 316; Omaha v. Randolph, 30 Id., 699; Lincoln v. Walker, 18 Id., 250; Valparaiso v. Donovan, 28 Id., 406; Lincoln v. Smith, 28 Id., 762. Rice v. Montpelier, 19 Vt., 470; Cassidy v. Stockbridge, 21 Id., 319; Spar hawk v. Salem, 83 Mass., 30; Scranton v. Hill, 102 Pa. St., 378; Skyes v. Powlet, 43 Vt., 446; Wheeler v. Westport, 30 Wis., 403; Kellogg v. Northampton, 4 Gray [Mass.], 65; Smith v. Wendell, 7 Cush. [Mass.], 498; Howard v. North…

1Opinion of the Court

Maxwell, Ch. J.

This is an action to recover for injuries sustained by the plaintiff by falling into the excavation of O and Twenty-fourth streets in the defendant city. Upon the conclusion of the testimony in the court below the court directed the jury to return a verdict for the defendant, which, was done, and the action dismissed.

*165It appears from the record that the plaintiff is a resident of Montgomery county, Iowa; that he had visited South Omaha in April, 1887; that his brother resided on the northwest corner of Twenty-third and P streets in said city; that the streets of said city are…

2Cases cited1 opinion

  1. City of South Omaha v. CunninghamNebraska Supreme Court · 1891

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