Legal Opinion

Brown v. Chicago, Burlington & Quincy Railway Co.

Nebraska Supreme Court

Decided February 28, 1911No. 16,292PublishedCited by 8 opinions

Appeal from the district court for Custer county: Bruno O. Hostetlee, Judge.

1Opinion of the CourtRoot, J.

About 12 o’clock M., September 30,1906, George Brown was killed while attempting to drive over the tracks of the Burlington railway at a point where it intersected a rural highway in Ouster county. The plaintiff is the administrator of Brown’s estate and prosecutes this action against the railway company and its locomotive engineer. The defendants prevailed, and the plaintiff appeals.

The principal errors argued relate to the instructions. The issue of negligence joined by the pleadings is narrow. After describing the topography of the country in the vicinity of the crossing, the pleader…

2Cases cited6 opinions

  1. Chicago, Burlington & Quincy Railroad v. OysterNebraska Supreme Court · 1899
  2. Smith v. MeyersNebraska Supreme Court · 1897
  3. Curry v. StateNebraska Supreme Court · 1877
  4. Schwanenfeldt v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1908
  5. Chicago, Rock Island & Pacific Railway Co. v. SporerNebraska Supreme Court · 1903

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

3Cited by8 opinions

  1. Wright v. Lincoln City Lines, Inc.Nebraska Supreme Court · 1957
  2. Rickert v. Union Pacific RailroadNebraska Supreme Court · 1916
  3. State v. BurtonNebraska Supreme Court · 1962
  4. White v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1913
  5. Cunningham v. Modern Brotherhood of AmericaNebraska Supreme Court · 1914

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

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