Chicago, Rock Island & Pacific Railway Co. v. Zernecke
Nebraska Supreme Court
Error from the district- court of Thayer county. Tried below before Hastings, J. argued that section 3 on page 798 of the Compiled Statutes of 1897 has no application-to the case at bar, or to cases of that character, but it refers entirely to actions brought to recover damages resulting from personal injuries where death ensued.
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Error from the district- court of Thayer county. Tried below before Hastings, J. argued that section 3 on page 798 of the Compiled Statutes of 1897 has no application-to the case at bar, or to cases of that character, but it refers entirely to actions brought to recover damages resulting from personal injuries where death ensued. It did not, arid could not, refer in any way to chapter 15 of the General Statutes of 1873 (which creates or gives a rule of action for damages resulting from the death of a person), as it was passed six years before the act of 1873. During these six years how could…
1Opinion of the CourtNorval, C. J.
In 1894 Ernest H. Zernecke was killed in a train wreck while a passenger of the Chicago, Rock Island & Pacific Railway Company, and his wife, as administratrix of his estate, brought this action to recover damages therefor, for the benefit of herself and minor children. The train was wrecked by the criminal act of a third person, without fault on the part of the railway company. On the trial a verdict was rendered in favor of the plaintiff, and judgment was entered thereon, from which the railway company comes to this court on error.
On the trial the. folio wing, instruction was giyen by the…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- St. Louis, Iron Mountain & St. Paul Railway Co. v. PaulSupreme Court of the United States · 1899
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Chicago, Rock Island & Pacific Railway Co. v. YoungNebraska Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- County of Logan v. CarnahanNebraska Supreme Court · 1902
- Kroeger v. SafranekNebraska Supreme Court · 1955
- Rohrer v. Hastings Brewing Co.Nebraska Supreme Court · 1908
- Petersen v. Chicago, Great Western Ry. Co.Court of Appeals for the Eighth Circuit · 1943
14 more not listed; retrieve them via the Exa API.