Omaha Horse Railway Co. v. Doolittle
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Savage, J. The opinion states the facts of the case. I. Negligence cannot be presumed, but must be proved. Shearman & Redfield on Negligence, Sec. 12. To get out of a car while in motion is negligence. Lucas v. Tanmton P. P. Go., 6 Gray, 64. Riding on the platform is negligence.
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Error to the district court for Douglas county. Tried below before Savage, J. The opinion states the facts of the case. I. Negligence cannot be presumed, but must be proved. Shearman & Redfield on Negligence, Sec. 12. To get out of a car while in motion is negligence. Lucas v. Tanmton P. P. Go., 6 Gray, 64. Riding on the platform is negligence. Riggins v. W. 7., etc., P. B. Go., 2 Bosw., 132. There are no degrees in negligence; for, whether it be great or small, if it can be seen that in any measure without it the injury would not have happened, there can be no recovery. Baxter v. 2d Ave. P.…
1Opinion of the Court
Maxwell, Oh. J.
The plaintiff in error is a corporation operating a horse railway for the transportation of passengers in the city of Omaha. The defendant in error brought an action in the district court of Douglas county against the plaintiff herein, to recover damages for personal injuries claimed to have been sustained by her, while a passenger on one of plaintiff’s cars, on the night of November 17, 1875, through the negligence of the driver. On the trial of the cause a verdict was rendered in favor of the defendant in error for the sum of $4,950. A motion for a new trial having been…
2Cases cited2 opinions
- Pope v. HooperNebraska Supreme Court · 1877
- Savage v. Corn Exchange Fire & Inland InsuranceNew York Court of Appeals · 1867
3Cited by11 opinions
- Hanscom v. City of OmahaNebraska Supreme Court · 1881
- City of Chadron v. GloverNebraska Supreme Court · 1895
- Union Pacific Railway Co. v. MertesNebraska Supreme Court · 1892
- Omaha Street Railway Co. v. CameronNebraska Supreme Court · 1895
- Knapp v. JonesNebraska Supreme Court · 1897
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