Legal Opinion

Pray v. Omaha Street Railway Co.

Nebraska Supreme Court

Decided March 5, 1895No. 6453PublishedCited by 21 opinions

Error from the district court of Douglas county. Tried below before Davis, J. The opinion' contains a statement of the case. Street railway companies are common carriers of passengers and are liable for the slightest negligence.

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Error from the district court of Douglas county. Tried below before Davis, J. The opinion' contains a statement of the case. Street railway companies are common carriers of passengers and are liable for the slightest negligence. (Spellman■ v. Lincoln Rapid Transit Co., 36 Neb., 890; Baltimore & O. R. Co. v.Wightman, 29 'Graft. [Va.], 432; Farish v. Reigle, 11 Graft. [Va.], 697; North Chicago Street R. Co. v. Cook, 33 N. E. Rep. [111.], 958; Frink v. Potter, IT 111., 406.) Ordinary care in protecting himself is all that the law requires of a passenger. (Sheridan v. Brooklyn C. & N. R. Co., 36…

1Opinion of the CourtPost, J.

About 6 o’clock P. M. of the 29th day of November, 1892, the plaintiff, a lad fourteen years of age, employed in one of the packing houses at South Omaha, boarded one of the defendant’s motor trains in order to reach his home in the city of Omaha. When he approached the train, which was then waiting at the southern terminus of the line, he observed that the seats were all occupied and that there was not even standing room remaining inside. He, however, secured standing room on the rear platform of the trailer, where he remained until the train started about five minutes later, and until it…

2Cases cited10 opinions

  1. Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
  2. Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
  3. Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
  4. Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
  5. Spellman v. Lincoln Rapid Transit Co.Nebraska Supreme Court · 1893

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
  2. St. Joseph & Grand Island Railroad v. HedgeNebraska Supreme Court · 1895
  3. Lincoln Street Railway Co. v. McClellanNebraska Supreme Court · 1898
  4. Udell v. Citizens Street RailroadIndiana Supreme Court · 1899
  5. Jacobs v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901

16 more not listed; retrieve them via the Exa API.

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