Wallenburg v. Missouri Pacific Railway Co.

This is an action for personal injuries caused by the defendant’s alleged negligence. The plaintiff prevailed, and the defendant appeals.

1. The defendant introduced no evidence, but insists the testimony conclusively establishes plaintiff’s contributory negligence. The plaintiff was injured by one of the defendant’s locomotives at the intersection of its railway and Thirtieth street in a sparsely settled neighborhood in the outskirts of the city of Omaha. The street upon which the accident occurred is paved, runs north and south, and is frequently used by the public. The railway approaches…