Missouri Pacific Railway Co. v. Fox

For the third time this action is before this court for consideration, the two former opinions being reported in Thompson v. Missouri P. R. Co., 51 Nebr., 527, and Missouri P. R. Co. v. Fox, 56 Nebr., 746. The action is founded upon the alleged negligence of the railroad company, resulting, as claimed in the petition, in the death of one Amos Thompson, a brakeman in the employ of said company, while in the performance of his duties as such. The acts of negligence pleaded as *535causing or contributing to the death of Thompson are of a threefold nature. It is asserted that the deceased came to his…