Union Pacific Railroad v. Erickson
Nebraska Supreme Court
Error from the district court of Dodge county. Tried below before Marshall, J. , . ; A statement of the facts appears in the opinion. The plaintiff has entirely failed to prove any actionable negligence on the part of the defendant’s employes in any respect stated in the petition, or to account for the falling or bursting of the piece of coal mentioned therein.
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Error from the district court of Dodge county. Tried below before Marshall, J. , . ; A statement of the facts appears in the opinion. The plaintiff has entirely failed to prove any actionable negligence on the part of the defendant’s employes in any respect stated in the petition, or to account for the falling or bursting of the piece of coal mentioned therein. Such being the case, it was the duty of the court to have withdrawn the case from the jury, or to have directed a verdict in favor of the defendant in accordance with the request of the defendant. (Patterson, Railway Accident Law, sec.…
1Opinion of the Court
Irvine, C.
Erickson was employed by the railway company as .a section hand and was engaged in his work repairing .the road-bed of the railroad near Fremont, when a fast passeu-, ger train approached and he stepped aside to let it pass.: As the train passed him a large piece of coal fell from the tender of the locomotive, struck the ground near him apd broke into smaller pieces, one of which flew towards him; *8Striking him and causing a fracture of the leg. He brought this action against the railroad company, alleging as negligénce that the piece of coal had been negligently allowed to fall from…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
3Cited by23 opinions
- Shields v. County of BuffaloNebraska Supreme Court · 1955
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HoffmanIndiana Court of Appeals · 1914
- Chicago, Burlington & Quincy Railroad v. MetcalfNebraska Supreme Court · 1895
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BerryIndiana Supreme Court · 1899
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