Nebraska Reports Volume 14

Nebraska Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: constructing its road, due regard being had for the rights of others. And this leads us to the inquiry of whether there was any want of such regard in leaving the excavation " open, exposed, and unguarded." It is shown conclusively that where Martin was travel ing when he was injured, was not along a legal highway. ' It had neither been laid out, nor in any way recognized by the county authorities as such. It was merely a permissive way, consisting in some places of one, and in others of several tracks, adopted by travel, and used for several years before the construction of the railroad. For quite a dis O. & R. V. R. R. Co. v. Martin. tance these tracks ran almost parallel with the railroad, which, near where the accident occurred, actually cut into and across them, so that travel had been forced to go further westward upon the prairie, where there was ample room, until the public road was reached a short distance above. In the darkness of the night Martin had the misfortune to follow one of these abandoned tracks, which at this point had not been used for several months, and thus ran his wagon upon the railroad right of way, and into the excavation. It is conceded that the railroad company had erected no guard or barrier to prevent persons from driving upon its right of way, or from falling into these excavations, and that it had made no crossing for teams where the railroad cut through these old tracks. Do these omissions render the company guilty of negligence in its duty to the public, and liable to Martin for his loss? N0 case has been cited by counsel which would support us in so holding, and we are of opinion that they do not. As before suggested, the company, in doing what it did, was in the lawful use of more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • United States
  • English
  • black & white illustrations
  • 1236938682
  • 9781236938688