Union Pacific Railway Co. v. Montgomery

On the 6th day of April, 1892, one Peter J. McNalley, of the firm of Montgomery & McNalley, dealers in pop, soda, and mineral water, attempted to cross, with a team- and wagon, the tracks of the Union Pacific railway at the Q street crossing in South Omaha, and in doing so one of defendant’s engines ran into the wagon, demolishing it, destroying a quantity of soda water in bottles. Plaintiffs brought this action to recover damages thereby sustained, alleging that the accident was occasioned by defendant’s negligence. The verdict and judgment were in favor of plaintiffs, and the railway…