Chicago, Rock Island & Pacific Railway Co. v. Archer
Nebraska Supreme Court
Error from the district court of Sarpy county. Tried below before Hopewell, J. The facts are stated by the commissioner. The objection to the hypothetical questions assuming that plaintiff had been unable to work by reason of his injury should have been sustained. The questions assumed a conclusion or ultimate fact, which was for the jury alone to determine.
Read the full summary
Error from the district court of Sarpy county. Tried below before Hopewell, J. The facts are stated by the commissioner. The objection to the hypothetical questions assuming that plaintiff had been unable to work by reason of his injury should have been sustained. The questions assumed a conclusion or ultimate fact, which was for the jury alone to determine. (Ilaish v. Payson, 107 Ill., 370; Bishop v. Spining, 38 Ind., 144; Muldowney v. Illinois C. R. Co., 39 Ia., 616.) The hypothetical questions assume that the wagon in falling upon the plaintiff struck him “in the small of the back” at the…
1Opinion of the Court
Irvine, C.
Archer recovered a judgment of $1,500 against the railway company in the district court of Sarpy county for personal injuries alleged to have been sustained by Archer in consequence of falling into a cut made by the railway company along the public highway, and left without guards to protect passengers on the highway from falling therein. Three assignments of error relate to the overruling of objections to a hypothetical question asked on behalf of Archer on the examination of as many expert'witnesses. The question asked each witness was as follows: “ Suppose a young man, aged about…
2Cases cited5 opinions
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Rupert v. PennerNebraska Supreme Court · 1892
- First National Bank v. CarsonNebraska Supreme Court · 1890
- Gregory v. LangdonNebraska Supreme Court · 1881
- Hall v. AitkinNebraska Supreme Court · 1889
3Cited by16 opinions
- Lund v. HolbrookNebraska Supreme Court · 1951
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- Great Western Coal & Coke Co. v. CoffmanSupreme Court of Oklahoma · 1914
- Missouri Pacific Railway Co. v. FoxNebraska Supreme Court · 1898
- Rhodes v. LamarSupreme Court of Oklahoma · 1930
11 more not listed; retrieve them via the Exa API.