Omaha & Republican Valley Railway Co. v. Hale
Nebraska Supreme Court
Error from the district court of Lancaster county.. Tried below before Hall, J. See opinion for statement of the case. The plaintiff in error insists that this action cannot be-maintained, because, in this state, no officer is known as an informer, nor is power given to any person as such ; and, in the section upon which this action is predicated, no authority is given to any person to commence suit in his own behalf, or for himself and any second party, to-recover therein…
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Error from the district court of Lancaster county.. Tried below before Hall, J. See opinion for statement of the case. The plaintiff in error insists that this action cannot be-maintained, because, in this state, no officer is known as an informer, nor is power given to any person as such ; and, in the section upon which this action is predicated, no authority is given to any person to commence suit in his own behalf, or for himself and any second party, to-recover therein the penalty, or any portion thereof, mentioned in the statute. (Foster’s Case, 6 Coke, [Eng.], 56; Stale v. Sinnot, 15…
1Opinion of the Court
Ragan, C.
James B. Hale, suing for himself and the state of Nebraska, brought this suit in the district court of Lancaster county against the Omaha & Republican Yalley Railway Company to recover the penalty denounced by section 104, *420chapter 16, Compiled Statutes, 1893, against corporations owning railroads that had neglected to sound a whistle or ring a bell at railroad and street crossings. The petition contained seventy-six causes of action, substantially alike, and prayed judgment as follows: “Wherefore the plaintiff prays judgment against the defendant for the sum of $3,-800 and costs of…
2Cases cited2 opinions
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