Chicago, Burlington & Quincy Railroad v. Wymore
Nebraska Supreme Court
Error from the district court of Custer county. Tried below before Hamer, J. The facts are stated by the commissioner in the opinion.
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Error from the district court of Custer county. Tried below before Hamer, J. The facts are stated by the commissioner in the opinion. The railroad company is not liable for damages which result to a person on account of his walking or being upon a railroad track or private grounds of the company at a place where he has no right to be, and other than a public or private crossing recognized as such, except where the company is guilty of wanton or willful, negligence after -discovering the position of the person so injured. (Spicer The member of the relief association is not bound to accept the…
1Opinion of the Court
Irvine, C.
This was an action under chapter 21, Compiled Statutes, by Miranda Wymore, as administratrix of John K. Wymore, deceased, against the plaintiff in error for damages caused by the death of said John K. Wymore. On the 25tb day of August, 1890, at about 2 o’clock in the morn*649ing, a special freight train of the plaintiff in error readied the station of Mullen, bound west. The operator at Mullen was instructed by the train dispatcher to hold the special for an east-bound train. The operator gave the order to the conductor, and after the lapse of two or three minutes the train pulled away…
2Cases cited2 opinions
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Fuller v. Baltimore & Ohio Employes' Relief Ass'nCourt of Appeals of Maryland · 1887
3Cited by36 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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