Omaha & Republican Valley Railroad v. Martin
Nebraska Supreme Court
Error to the district court for Lancaster county, where, upon a trial before Pound, J., the defendant in error had recovered a judgment for $3,500 on account of injuries received in the manner stated in the opinion. cited: 1 Thompson on Negligence, 361. Plyth v. Topham, Cro.
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Error to the district court for Lancaster county, where, upon a trial before Pound, J., the defendant in error had recovered a judgment for $3,500 on account of injuries received in the manner stated in the opinion. cited: 1 Thompson on Negligence, 361. Plyth v. Topham, Cro. Jac., 158. Push v. Prainard, 1 Cowen, 78. Howland v. Vincent, 10 Mete., 373. Houmel v. Smyth, 7 C. B. (new series), 781. Pinlcs v. P. B. Co., Best & S., 244. Hardcastle v. B. B., 4 Hurl. & N., 67. Vale v. Bliss, 50 Barb., 358. Bobbins v. Jones, 15 C. B. (N. S.), 221. Gramliah v. Wurst, 86 Pa. St., 74. The road was a legal…
1Opinion of the Court
Lake, Ch. J.
A consideration of the character of the excavation into which the defendant in error fell and received his injury, and of the road along which he was traveling at the time, *297will effectually dispose of the case; and to these matters we shall confine most that we have to say.
The petition charges in substance, as cause of complaint, that the railroad company had dug and left unguarded “a deep, wide, and dangerous ditch and excavation,” across a “public road and highway,” which was “usually traveled by the public,” * * * between Raymond and
Valparaiso, in Lancaster county, into which…
2Cases cited1 opinion
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
3Cited by6 opinions
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- New Omaha Thomson-Houston Electric Light Co. v. AndersonNebraska Supreme Court · 1905
- Louisville & Nashville Railroad v. SidesSupreme Court of Alabama · 1900
- Early v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- City of Omaha v. RichardsNebraska Supreme Court · 1897
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