Legal Opinion

Palmer v. City of Lincoln

Nebraska Supreme Court

Decided July 15, 1876PublishedCited by 14 opinions

Error to the district court for Lancaster county. Tried below before Pound, J. The opinion states the case. I. The doctrine as finally settled in this country by the clear weight of authority is, that when one person contracts with another, who is a skillful, competent, and reliable person, for tlie doing of a piece of work or job, the.performance of which is not in itself a nuisance, and the contractor has the entire control and management of doing said work or job to the…

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Error to the district court for Lancaster county. Tried below before Pound, J. The opinion states the case. I. The doctrine as finally settled in this country by the clear weight of authority is, that when one person contracts with another, who is a skillful, competent, and reliable person, for tlie doing of a piece of work or job, the.performance of which is not in itself a nuisance, and the contractor has the entire control and management of doing said work or job to the exclusion of the employer, he in no wise interfering in the execution of the same, or in the employment of the men in the…

1Opinion of the CourtMaxwell, J.

The city of Lincoln brought its action in the district court of Lancaster county, against A. L. Palmer, to recover of him the amount of a judgment, interest, and costs, recovered by Humphrey D. Gilbert against said city. The petition alleges that “ the plaintiff is a city of the second class; that Alfred L. Palmer was, on or about the first day of October, 1873, and at the time the injuries received by Humphrey D. Gilbert hereinafter stated, the owner of lot seven in block fifty-six in the city of Lincoln; that said lot is situated on and fronts on O street, one of the public streets of said…

2Cases cited3 opinions

  1. Robbins v. Chicago CitySupreme Court of the United States · 1867
  2. Chicago City v. RobbinsSupreme Court of the United States · 1863
  3. Scammon v. City of ChicagoIllinois Supreme Court · 1861

3Cited by14 opinions

  1. Jones v. Commissioners.Supreme Court of North Carolina · 1905
  2. West v. National Mines Corp.West Virginia Supreme Court · 1981
  3. De Palma v. WeinmanNew Mexico Supreme Court · 1909
  4. Parrish v. Omaha Public Power DistrictNebraska Supreme Court · 1993
  5. Willis v. WillisMissouri Court of Appeals · 1954

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