Haman v. Omaha Horse Ry. Co.
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Hopewell, J. The company is liable for the act complained of (McKinley v. R. Go., 44 la., 314; Goddard v. R. Go., 57 Me., 202; Hanson v. R. Co., 62 Id., 84; Bryant v. Rich, 106 Mass., 180; N. W. R. Co. v. Hack, 66 111., 238; Craker v. R. Co., 36 Wis., 657 ; Smith v. R. Co., 23 O. St., 10; Rounds v. R. Co., 64 N. Y., 129; Peek v. R. Co., 70 Id., 587; Shea v. R. Co., 62 Id., 180.) If the assault was as claimed,…
Read the full summary
Error to the district court for Douglas county. Tried below before Hopewell, J. The company is liable for the act complained of (McKinley v. R. Go., 44 la., 314; Goddard v. R. Go., 57 Me., 202; Hanson v. R. Co., 62 Id., 84; Bryant v. Rich, 106 Mass., 180; N. W. R. Co. v. Hack, 66 111., 238; Craker v. R. Co., 36 Wis., 657 ; Smith v. R. Co., 23 O. St., 10; Rounds v. R. Co., 64 N. Y., 129; Peek v. R. Co., 70 Id., 587; Shea v. R. Co., 62 Id., 180.) If the assault was as claimed, the defendant is not liable, because the same was a willful trespass and entirely outside the driver’s employment.…
1Opinion of the Court
Maxwell, Ch. J.
This is an action to recover for personal injuries inflicted upon plaintiff by one of defendant’s employes, who at the time was in charge of one of defendant’s cars, as driver and conductor thereof, and upon which car plaintiff had taken a seat as a passenger thereon, his fare having been paid by a fellow passenger. The plaintiff says that after he had so taken a seat in defendant’s car, and after his fare was so paid, the driver demanded of plaintiff that he personally pay a fare, over which demand some words were had between them, and the plaintiff threatened to report the…
2Cases cited11 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Birchard v. BoothWisconsin Supreme Court · 1856
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Prell Hotel Corp. v. AntonacciNevada Supreme Court · 1970
- Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911
- Horky v. SchrollNebraska Supreme Court · 1947
1 more not listed; retrieve them via the Exa API.