Legal Opinion

Chicago, Burlington & Quincy Railroad v. Metcalf

Nebraska Supreme Court

Decided April 16, 1895No. 5803PublishedCited by 29 opinions

Error from the district court of Hamilton county. Tried below before Wheeler, J. The facts are stated by the commissioner. The signals required by statute to be given when a train is approaching a public street or highway is exclusively for the benefit of persons traveling along such street or highway, and about to cross the railroad at the highway crossr ing. (Clark v. Missouri P. R. Co., 11 Pac.

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Error from the district court of Hamilton county. Tried below before Wheeler, J. The facts are stated by the commissioner. The signals required by statute to be given when a train is approaching a public street or highway is exclusively for the benefit of persons traveling along such street or highway, and about to cross the railroad at the highway crossr ing. (Clark v. Missouri P. R. Co., 11 Pac. Rep. [Kan.], 134; Illinois C. R. Co. v. Phelps, 29 111., 447; Bell v. Hannibal & St.J. R. Co., 72 Mo., 50; Hodges v. St. Louis, K. C. & N. R. Co., 71 Mo., 5.0; Holmes v. Central Railroad ■& Banking…

1Opinion of the Court

Irvine, C.

Metcalf sued the railroad company to recover damages1 for injuries done to a team of mules, a wagon, and set of harness which had been struck by a train of the company near the station at Hampton. There was a verdict and judgment for the plaintiff for $365.42, to reverse which the railroad company prosecutes error.

The evidence upon which the verdict is evidently based tends to show that at Hampton the plaintiff in error’s railroad passes through the village in an easterly and westerly course, nearly all of the inhabited portion of the village lying north of the tracks. There is a…

2Cases cited22 opinions

  1. Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
  2. Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
  3. Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
  4. Chicago, Burlington & Quincy Railroad v. WymoreNebraska Supreme Court · 1894
  5. Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894

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

3Cited by29 opinions

  1. Stevens v. LutherNebraska Supreme Court · 1920
  2. Eggeling v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1929
  3. Omaha & Republican Valley Railway Co. v. TalbotNebraska Supreme Court · 1896
  4. Ficke v. GibsonNebraska Supreme Court · 1950
  5. Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896

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

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