Lincoln Traction Co. v. Webb

Although reluctant to consent to the overruling of the proposition announced in Lincoln Street R. Co. v. McClellan, 54 Neb. 672, relative to the presumption of negligence when an injury has occurred to a passenger while being transported by a common carrier, which was agreed to by a unanimous court, I am convinced that the rule therein stated is not an accurate expression of the law on the subject, and is without substantial support in authority or principle. It should be said that a ruling on this particular question was not in that case essential to the decision rendered. An examination of…