City of Omaha v. Jensen
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. The court erred in refusing the instruction asked. (Dillon, Munic. Corp., sec. 1015; Craig v. Sedalia, 63 Mo., 417; Brotan v. Glasgow, 57 Id., 157; Cooley, Torts, 745 and cases cited.) The court erred in admitting the testimony of Neis Christensen. (Spielman v. Flynn, 19 Neb., 346.) The city is not relieved of its liability by virtue of its contract with Thompson, the contractor.
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Error to the district court for Douglas county. Tried below before Doane, J. The court erred in refusing the instruction asked. (Dillon, Munic. Corp., sec. 1015; Craig v. Sedalia, 63 Mo., 417; Brotan v. Glasgow, 57 Id., 157; Cooley, Torts, 745 and cases cited.) The court erred in admitting the testimony of Neis Christensen. (Spielman v. Flynn, 19 Neb., 346.) The city is not relieved of its liability by virtue of its contract with Thompson, the contractor. (Palmer v. Lincoln, 5 Neb., 137; Lincoln v. Walker, 18 -Id., 248; Mc-Allister v. Albany, 23 Pac. Rep. [Ore.], 845.) No notice, either…
1Opinion of the Court
Maxwell, Ch. J.
The defendant in error brought an action against the city of Omaha to recover for personal injuries caused by falling into an excavation in that city, which was negligently left without guards or other protection. The city pleads two defenses: First, that the injury was caused by the negligence of the party injured; and, second, that the sewer trench described in plaintiff’s petition was at said date being constructed under a contract made to the lowest bidder as provided and required by the charter of the city of Omaha in that regard, and under and by virtue of the terms of…
2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- City of Logansport v. DickIndiana Supreme Court · 1880
- Prentiss v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Palmer v. City of LincolnNebraska Supreme Court · 1876
- Spielman v. FlynnNebraska Supreme Court · 1886
3Cited by24 opinions
- McHarge v. M. M. Newcomer & Co.Tennessee Supreme Court · 1906
- McGovern v. HaysSupreme Court of Vermont · 1902
- Hanley v. Fireproof Building Co.Nebraska Supreme Court · 1922
- City of Hugo v. NanceSupreme Court of Oklahoma · 1913
- Scott Construction Co. v. CobbIndiana Court of Appeals · 1928
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