B. & M. R. R. v. Wendt
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below, before Savage, J, The action was to recover the value of a cow owned by Wendt, and killed by cars of the railroad in Omaha. cited Saint Louis-Ii.
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Error to the district court for Douglas county. Tried below, before Savage, J, The action was to recover the value of a cow owned by Wendt, and killed by cars of the railroad in Omaha. cited Saint Louis-Ii. R. v. Linder, 39 111., 433. Railroad v. Parker, 29 Ind., 471. G. d M. R. R. v. Patehin, 16 111., 198. R. R. Co. v. Phelps, 29 111., 447. Vandergrift v. Rediker, 2 Zab., (N. L) 185. C. é N. W. R. R. v. Goss, 17 Wis., 428. St-ucks v. M. d- R. R., 9 Wis., 213. dark v. S. d U. R. R., 11 Barb., 112. Marsh v. N. Y. d E. R. R., 14 Barb., 364. Munger v. R. R. Co., 4 N. Y., 349. Williams v. M. G,…
1Opinion of the CourtLake, J.
By the judge’s charge the jury were explicitly and very properly told that “the mere killing of the cow” was “no evidence of negligence.” The fact that the cow had been killed by a moving engine of the company, at the time and place charged, being admitted by the answer, the only material testimony given upon the trial on this point was as to the speed of the train at the time of the accident. This, according to the complainant’s witnesses, was somewhere between twelve and eighteen miles an hour, while those of the company placed it at not to exceed eight.
That this conflicting testimony as to…
2Cases cited2 opinions
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Ohio Life Insurance & Trust Co. v. McCagueOhio Supreme Court · 1849
3Cited by12 opinions
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Craig v. Chicago, St. Paul, Minneapolis & Omaha RailroadNebraska Supreme Court · 1914
- Omaha & Republican Valley Railway Co. v. KrayenbuhlNebraska Supreme Court · 1896
- Missouri Pacific Railway Co. v. HansenNebraska Supreme Court · 1896
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
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