Legal Opinion

Fremont, Elkhorn & Missouri Valley Railroad v. Waters

Nebraska Supreme Court

Decided February 16, 1897No. 6999PublishedCited by 5 opinions

Error from the district court of Seward county. Tried below before Wheeler, J. A common carrier of goods may by special contract confine its liability to its own line, tbougb tbe goods are consigned to a place on a connecting line.

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Error from the district court of Seward county. Tried below before Wheeler, J. A common carrier of goods may by special contract confine its liability to its own line, tbougb tbe goods are consigned to a place on a connecting line. (Myrick v. Michigan C. R. Co., 107 U. S., 102; Ogdensburg & L. C. R. Co. v. Pratt, 22 Wall. [U. S.], 123; McCarn v. International & G. N. R. Co., 19 S. W. Rep. [Tex.], 547; Wichita V. R. Co. v. Swenson, 25 S. W. Rep. [Tex.], 47; Mulligan v. Illinois G. R. Co., 36 la., 181; Detroit & M. R. Co. v. Farmers & Millers Bank of Mihoaukee, 20 Wis., 130; Pendergast v. Adcms…

1Opinion of the CourtPost, C. J.

This was an action below in the district court for Seward county, wherein the defendant in error, John Waters, recovered judgment against the plaintiff in error, the Fremont, Elkhorn & Missouri Valley Railroad Company (hereafter called the “railroad company”), and from which the latter prosecutes proceedings in error to this court.

The cause of action alleged in the petition below is (1) that the defendant company neglected and refused, upon the plaintiff’s demand, to furnish him, the said plaintiff, cars for the transportation of corn from Goehner station, in this state, to Chicago, between…

2Cases cited6 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
  2. St. Joseph & Grand Island Railroad v. PalmerNebraska Supreme Court · 1893
  3. Esterly Harvesting Machine Co. v. FrolkeyNebraska Supreme Court · 1892
  4. George Esterly & Son v. Van SlykeNebraska Supreme Court · 1887
  5. Newton Wagon Co. v. DiersNebraska Supreme Court · 1880

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

3Cited by5 opinions

  1. Omaha & Republican Valley Railway Co. v. CrowNebraska Supreme Court · 1898
  2. Nye-Schneider-Fowler Co. v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1920
  3. Nebraska Land & Feeding Co. v. TrauermanNebraska Supreme Court · 1904
  4. Crockett v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1910
  5. Fuller v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1915

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