Missouri Pacific Railway Co. v. Baxter
Nebraska Supreme Court
Error from the district court of Saline county. Tried below before Hastings, J. The facts are stated by the commissioner. The petition does not state facts sufficient to constitute a cause of action when it merely alleges that the negligence consists in the failure at the time of construction to block the guard rails and switches.
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Error from the district court of Saline county. Tried below before Hastings, J. The facts are stated by the commissioner. The petition does not state facts sufficient to constitute a cause of action when it merely alleges that the negligence consists in the failure at the time of construction to block the guard rails and switches. (Missouri P. R. Co. v. Lewis, 24 Neb., 848.) By the pleadings, the admissions of the parties, and the evidence in the case it was clearly shown that the plaintiff’s intestate continued in the service of the defendant company without protest or promise of a change or…
1Opinion of the Court
Ragan, C.
Margaret E. Baxter, administratrix of the estate of George Edward Baxter, deceased, brought this suit in the district court of Saline county against the Missouri Pacific Railway Company (hereinafter called the “Railway Company ”) for damages, under chapter 21, Compiled Statutes, 1893, for the death of her intestate, her husband, alleged to have been caused by the negligence of the Railway Company. The administratrix had a verdict and judgment and the Railway Company brings the case here for review.
There are many errors assigned and argued in the brief of counsel foe the plaintiff in…
2Cases cited10 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Union Stock-Yards Co. v. GoodwinNebraska Supreme Court · 1898
- Quinn v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1898
- Kearney Electric Co. v. LaughlinNebraska Supreme Court · 1895
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