Legal Opinion

Union Pacific Railway Co. v. Porter

Nebraska Supreme Court

Decided November 8, 1893No. 4948PublishedCited by 15 opinions

Error from the district court of Buffalo county. Tried, below before Hamer,. J. The opinion contains a statement of the case. Tbe plaintiff below was negligent in not getting off the car while he could safely do so. (Raben v. Central la. JR. Co., 35 N. W. Rep. [Ia.], 64, and cases cited.) Plaintiff below was negligent in that, finding the train in motion and going faster than he expected, he stepped from the car onto the platform.

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Error from the district court of Buffalo county. Tried, below before Hamer,. J. The opinion contains a statement of the case. Tbe plaintiff below was negligent in not getting off the car while he could safely do so. (Raben v. Central la. JR. Co., 35 N. W. Rep. [Ia.], 64, and cases cited.) Plaintiff below was negligent in that, finding the train in motion and going faster than he expected, he stepped from the car onto the platform. Such negligence must bar his recovery in this action. (Thomas v. Chicago & G. T. Ii. Co., 49 N. W. Rep. [Mich.], 547; Lake Shore & M. S. JR. Co. v. Bangs, 47 Mich.,…

1Opinion of the Court

Ryan, C.

The amended petition in this case alleged the corporate existence of the Union Pacific Railway Company, and that it was operating a line of railroad through Kearney, Nebraska, at the time of the injuries complained of; that on April 29, 1890, plaintiff in said petition purchased a ticket entitling him as a passenger to be transported upon *231■one of the trains of said railroad company from Grand Island, Nebraska, to the aforesaid station of Kearney on said railway company’s line of railroad; that when the ■train upon which plaintiff had ridden from Grand Island reached Kearney, it was…

2Cases cited2 opinions

  1. Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
  2. Omaha & R. V. R. v. CholletteNebraska Supreme Court · 1891

3Cited by15 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. ZerneckeSupreme Court of the United States · 1902
  2. Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894
  3. St. Joseph & Grand Island Railroad v. HedgeNebraska Supreme Court · 1895
  4. Omaha & Republican Valley Railway Co. v. CholletteNebraska Supreme Court · 1894
  5. Lincoln Street Railway Co. v. McClellanNebraska Supreme Court · 1898

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