Chicago, Burlington & Quincy Railroad v. McGinnis
Nebraska Supreme Court
Error from the district court of Custer county. Tried below before Holcomb, J. The servant did not assume the risk of injury from apparent defects caused by the master’s negligence.
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Error from the district court of Custer county. Tried below before Holcomb, J. The servant did not assume the risk of injury from apparent defects caused by the master’s negligence. (Bus-well, Law of Personal Injuries, secs. 192, 207; Kane v. Northern C. B. Go., 128 U. S., 91; Jones v. East Tennessee, V. é G. B. Go., 128 U. S., 443; Lawless v. Connecticut B. B. Co., 136 Mass., 1; Meloy v. Chicago é N. W. R. Go., 77 la., 743; Thorpe v. Missouri P. R. Go., 89 Mo., 650; Baltimore é O. &G. B. Go. v. Bowan, 104 Ind., 88; Louisville, N. A. & G. B. Go. v. Wright, 115 Ind., 378; Filbert v. Delaware é…
1Opinion of the CourtHarrison, J.
This action was instituted in the district court of Custer county by the plaintiff against the defendant company, to recover the amount of damages alleged to have resulted from injuries to plaintiff by the negligence of the company. There was a trial of the issues presented, to the court and a jury, and a verdict and judgment in favor of plaintiff. The company brings the case to this court by error proceedings. The plaintiff, on December 16, 1891, the date of the occurrence upon which this action is founded, was, and had been during some thirteen and one-half or fourteen months immediately…
2Cases cited7 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
- Missouri Pacific Railway Co. v. BaxterNebraska Supreme Court · 1894
- Perigo v. C., R. I. & P. R.Supreme Court of Iowa · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Union Stock-Yards Co. v. GoodwinNebraska Supreme Court · 1898
- Norfolk Beet-Sugar Co. v. HightNebraska Supreme Court · 1898
- Dailey v. Burlington & Missouri River RailroadNebraska Supreme Court · 1899
- Thompson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1897
- Tobler v. Union Stock Yards Co.Nebraska Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.