Omaha & Republican Valley Railway Co. v. Wright
Nebraska Supreme Court
Error from the district court of Saunders county. Tried below before Wheeler, J. The facts are stated by the commissioner. Railroad companies are under no obligations to stop their trains, or to slacken the speed, in order to deliver trespassing animals from peril. It was not the duty of the engineer to keep a lookout for cattle.
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Error from the district court of Saunders county. Tried below before Wheeler, J. The facts are stated by the commissioner. Railroad companies are under no obligations to stop their trains, or to slacken the speed, in order to deliver trespassing animals from peril. It was not the duty of the engineer to keep a lookout for cattle. (Smith v. Chicago, R. I. & P. R. Co., 34 la., 509;' Meyer v. Midland P. R. Co., 2 Neb., 319; Kil'patrich v. Richardson, 37 Neb., 731; Union P. R. Co. ■v. Mertes, 85 Neb., 294; Illinois O'. R. Oo. v. Noble, .'32 N. E. Rep. [111.], 684; Philadelphia & R. R. Oo. v.…
1Opinion of the Court
Irvine, C.
The defendants in error brought this action against the railway company to recover damages an account of cattle belonging to them, killed and injured by a train of the railway company. The petition, while it is in one count, really alleges, or attempts to allege, three grounds of recovery: Eirst, that a gate on one of the fences along the right of way was insufficient and negligently permitted to be out of repair, and that by reason of •those facts the cattle got upon the right of wav; second, that after they got upon the right of way, their injury resulted from the careless…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Chicago, Burlington & Quincy Railroad v. WymoreNebraska Supreme Court · 1894
- Malm v. ThelinNebraska Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. WilgusNebraska Supreme Court · 1894
3Cited by9 opinions
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Omaha & Republican Valley Railway Co. v. WrightNebraska Supreme Court · 1896
- Shults v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Vincent v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1896
- Mitchell v. Missouri Pacific RailroadNebraska Supreme Court · 1925
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