Missouri Pacific Railway Co. v. Tietken
Nebraska Supreme Court
Error from the district court of Otoe county. Tried below before Chapman, J. The facts are stated by the commissioner. There is no allegation of negligence in the petition which would entitle the plaintiff to recover. (Hunter v. Gooperstown & S. V. R. Go., 112 N. Y., 371; Solomon v. Manhattan R. Go., 103 N. Y., 437; Lake Shore & M. S. R. Go. v. Pinchin, 13 N. E. Rep. [Ind.], 677; Renner v. Northern P. R. Go., 46 Fed.
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Error from the district court of Otoe county. Tried below before Chapman, J. The facts are stated by the commissioner. There is no allegation of negligence in the petition which would entitle the plaintiff to recover. (Hunter v. Gooperstown & S. V. R. Go., 112 N. Y., 371; Solomon v. Manhattan R. Go., 103 N. Y., 437; Lake Shore & M. S. R. Go. v. Pinchin, 13 N. E. Rep. [Ind.], 677; Renner v. Northern P. R. Go., 46 Fed. Rep., 344; Owen v. Hudson R. R. Go., 35 N. Y., 518; Memphis & G. R. Go. v. Gopeland, 61 Ala., 376; Stilson v. Hannibal & St. J. R. Go., 67 Mo., 671; Leuñs v. Baltimore & O. R.…
1Opinion of the Court
Ryan, C.
In this action, which was brought in the .district court of Otoe county, plaintiff recovered judgment on the verdict of a jury in the sum of $2,500. He alleged in his petition that about October 9, 1890, he shipped over the defendant’s road certain live stock from Scio to Chicago; that the train by which the shipment was made stopped at Weeping Water and, as plaintiff was informed by the *134conductor, twenty minutes would be allowed plaintiff for obtaining a meal; that before said twenty minutes bad expired said conductor suddenly and excitedly called out to plaintiff that be must…
2Cases cited4 opinions
- Chicago, R. I. & P. R. Co. v. WittyNebraska Supreme Court · 1891
- Chicago, Burlington & Quincy Railroad v. WilgusNebraska Supreme Court · 1894
- Omaha & Republican Valley Railway Co. v. MorganNebraska Supreme Court · 1894
- Omaha & Republican Valley Railway Co. v. CrowNebraska Supreme Court · 1896
3Cited by5 opinions
- Omaha & Republican Valley Railway Co. v. CrowNebraska Supreme Court · 1898
- Chicago, Rock Island & Pacific Railway Co. v. McCartyNebraska Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. TroyerNebraska Supreme Court · 1903
- Western Union Telegraph Co. v. Call Publishing Co.Nebraska Supreme Court · 1899
- Chicago, Burlington & Quincy Railroad v. TroyerNebraska Supreme Court · 1903