Atchison, Topeka & Santa Fe Railroad v. Lawler
Nebraska Supreme Court
Error from the district court of Nuckolls county. Tried below before Hastings, J. The opinion contains a statement of the case. It was an abuse of discretion for'the court to refuse to submit questions for special findings. (Floaten v. Ferrell, 24 Neb., 352; Nebraska & Iowa Ins. Co.v. Christiensem, 29 Neb., 581; Doom v. Walker, 15 Neb., 347.) The court erred in refusing to admit in evidence the contract releasing the company from liability for damage arising from fire.
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Error from the district court of Nuckolls county. Tried below before Hastings, J. The opinion contains a statement of the case. It was an abuse of discretion for'the court to refuse to submit questions for special findings. (Floaten v. Ferrell, 24 Neb., 352; Nebraska & Iowa Ins. Co.v. Christiensem, 29 Neb., 581; Doom v. Walker, 15 Neb., 347.) The court erred in refusing to admit in evidence the contract releasing the company from liability for damage arising from fire. Congress has the exclusive right to regulate commerce between the states, and the states are powerless so to do. (State v.…
1Opinion of the CourtHarrison, J.
W. E. Lawler, the plaintiff in the court below, commenced an action in the district court of Nuckolls county, Nebraska, to recover from the defendant railroad company *359the value of certain property shipped by him over the defendant’s line of road from Superior, in this state, to Trinidad, Colorado. The petition pleaded the corporate character of the defendant, that it was a common carrier for hire, and owned and operated a line of railroad extending from the city of Superior, Nebraska, to Trinidad, Colorado, and had an office in Superior for the transaction and management of its business; that…
2Cases cited15 opinions
- Railway Co. v. StevensSupreme Court of the United States · 1878
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Swift v. MulkeyOregon Supreme Court · 1886
- Spellman v. Lincoln Rapid Transit Co.Nebraska Supreme Court · 1893
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- American Fire Insurance v. LandfareNebraska Supreme Court · 1898
- Missouri Pacific Railway Co. v. FoxNebraska Supreme Court · 1898
- Opitz v. Town of NewcastleWyoming Supreme Court · 1926
- Hedrick v. StraussNebraska Supreme Court · 1894
- Maxson v. J. I. Case Threshing Machine Co.Nebraska Supreme Court · 1908
16 more not listed; retrieve them via the Exa API.