Union Pacific Railway Co. v. Metcalf & Wood
Nebraska Supreme Court
Error from the district court of York county. Tried below before Bates, J. The facts and issues are stated in the opinion. The court erred in overruling the motion of defendant below, founded on its plea in the nature of abatement, that the action be dismissed.
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Error from the district court of York county. Tried below before Bates, J. The facts and issues are stated in the opinion. The court erred in overruling the motion of defendant below, founded on its plea in the nature of abatement, that the action be dismissed. (Burlington & M., R. R. Co. v. Dich, 7 Neb., 242; Lease v. Vance, 28 Ia., 509; Weisz v. Davey, 28 Neb., 566; Hays v. Lanier, 3 Blackf. [Ind.], 322; Bentley v. Smith, 3 Caines [N. Y.], 170; Si/m/mons v. Titche, 14 S. R. [Ala.], 786; Leach v. Milbum, 14 Neb., 106; Burrows v. Bashford, 22 Wis., 104; Otis v. Thorn, 18 Ala., 395; Davis…
1Opinion of the Court
Irvine, C.
This was an action against the Union Pacific Railway Company for failure to convey and deliver certain goods consigned by Metcalf & Wood from York, Nebraska, to McCourtie, Hill & Co., at Chicago, Illinois. As several questions arise out of averments in the petition, we quote a portion thereof:
“Metcalf & Wood and James ' H. Wood, Surviving Member oe the Said Firm, Plaintiffs,
v.
Union Pacific Railroad Company, Defendant.
“Plaintiff for cause of action against the defendant alleges that this plaintiff, Metcalf & Wood, is a firm of persons composed of Lafayette Metcalf and James II. Wood,…
2Cases cited19 opinions
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Doll v. CrumeNebraska Supreme Court · 1894
- Sample v. HaleNebraska Supreme Court · 1892
- Chicago, Burlington & Quincy Railroad v. BellNebraska Supreme Court · 1895
- Hare v. MurphyNebraska Supreme Court · 1895
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3Cited by13 opinions
- Transmarine Corporation v. Charles H. Levitt & Co.Court of Appeals for the Second Circuit · 1928
- Latta v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Congdon v. KendallNebraska Supreme Court · 1898
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
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