Omaha daily bee., 1902-09-27

legged, parol evidence to contradict or vary
a written receipt must be clear and UNI
ii9Ss. Chicago, Burlington & Quincy Rail-
road company against Roberts. Error from
Johnson. Reversed and remanded. Pound,
G., division No. 2. Oldham. C., concurring.
/. A railroad company Is not liable for
injuries due to horses taking fright at the
ordinary operation OF a handcar.
2. The same degree OF care Is required
of a railroad company operating. Its road
across a public highway and Of persons
using the highway; each Is bound to use
such care In order to avoid accidents as Is
oommensurate with the danger inyoiyed
8, While the rights Of the railroad COM
pany and of persons using the highway at
the crossing are equal, the railroad COM
pany has the superior right or passage,
and, u otherwise exercising due care, IL
commits no wrong In running Its cars
across the highway In front OF approaching
teams.
conduct OF Its business leaves a row OF
freight cars upon a sidetrack at right
angles to a public crossing, SO as to par
over II. such fact of itself does not render
the company liable for accidents occurring
at the crossing, but merely imposes a duty
of greater care both upon the company
and upon those who use the highway.
8. a railroad company may prSSnSTly leave
crossing Tor snort periods, when ,neeessafy
In the reasonable conduct Of Its business.
| bul u lthNt SUI ais III VI pun liz
way longer than is needful for such pur-
pose Is negligence.
6. In order to hold a railroad company
where cars were suffered TO stand upon the
highway longer than necessary In the
reasonable conduct Of the ~company's bust
ness II must appear that the negligence In
SO leaving them was the proximate cause
lOSS3. Estate OF Bissell Thomas against
Holman. Error from Richardson. At
frmed. Dufhe, c.. division No. 8. Unre-
iiSI4. stitzer against Whitaker. Appeal
/ from Merrick. Reversed. with instructions,
Pound, c., division No. 2. Unreported.
/. A trustee may do, without q decree or
order OF court, that which the court would
order or decree him to do on a showing
2. In order to obviate costs and expenses,
the trustee may dispense with all matters
OF form or procedure and settle a claim
which is about to be made a lien upon the
trust estate before IL Is Judicially estab-
lished as such.
by mortgage on a portion Of the trust
property, In settlement Of such a claim,
promising that the note should be paid in
full, and suit TO foreclose such mortgage
was begun PRIOR to the act OF 1897, the trust
estate may be held for any deficiency ac-
cruing on sale of the mortgaged property.
4. A creditor OF the settler OF a trust
prior to its creation afterwards obtained
three judgments against him. Creditors
suit was brought on one and proceeded to
decree. The trustee paid the amount OF
the decree, but when such decree was salts
fed the two judgments not set up in the
suit were entered Of record as merged
vent further proceedings, cost and expense,
the trustee gave a note and mortgage In
settlement. OF the judgment remaining un-
satisfied of record, which did not exceed
the amount still actually due the creditor.
Held, that there was sufficient considera-
tion therefor and that such course on the
part Of the trustee was proper and within
his authority.