Omaha daily bee., 1902-10-17
SUPREME COURT SYLLABI

SUPREME COURT SYLLABI
In the supreme court of the state of Ne
braska. Inc following opinions will be
lOS27. Chicago, Burlington & Quincy Rail-
road Company against krayenDuhl. Error
manded. Albert, c., Department No. 8.
l. Petition examined and held good, as
against a demurrer ore tenus.
2. When the owner of dangerous premises
Knows or has good reason to believe that
children so young as to be ignorant of the
hanger Will resort TO such premises he is
bound to take such precautions to keep
them from such premises, or to protect
dangerous condition of the premises while
there as a man of ordinary care and pru-
dence under like circumstances would take.
approving A. " N. X. Co., against Bailey,
Ii Neb., $50.
3. In such cases in the determination of
the question OF negligence regard must be
had to the, character and location of the
premises, the purpose Tor which they are
USED, the probability OF injury therefrom,
the precautions necessary TO prevent such
injury ana the relation such precautions
bear TO the beneficial use OF the. premises
II, under all the circumstances, the owner
omit such precautions as a man of ordinary
care ana pIuuence would take, under like
CIRCUMSTANCES, he is guilty OF negligence.
4. Ordinarily the question of negligence is
one OF fact Tor the jury, to be determined
from all the facts and circumstances SHOWN
in evidence, ana II is error tor the court to
group certain facts in evidence together
and instruct the jury that they constitute
! negligence.
o. In an action by an infant in the care
and custody OF its father tor personal in
juries it is error to instruct that jury that
mis- lessened earning capacity Is an element
of damages, unless ii be limited to the
period from which he would be entitled to
mis- earnings.
s. An instruction authorizing the jury, in
arriving at a verdict, to bring to bear their
own knowledge, observation and expert
ence in the business AFFAIRS of life is err
roneous when not limited to such knowl-
edge, observation ana experience as they
! CHI ra IN nnpnann with man UannrnlIu
Z. An instruction relative to the damages
to be awarded the plaintiff, If any, closed
exceed a specific amount, naming the
amount claimed in the petition. Held that
ne impa racs sSeui % b bauS dis re5eTtttng need . amount
s. Instructions rendered examined and
held, properly refused.
8. Rulings on the admission of evidence
examined and held, not erroneous.
1897. Rickley against State. Error from
Sheridan county. Reversed. Duttie, c., De-
i. Section 500 of the Code of Criminal
Procedure in so far as 1t authorizes the
ing witness in instituting the prosecution
to be tried and determined at the same
taxation of costs against him in case 1t is
found that in ming the he
acted maltcioHsly or without probable cause
sd ifSSi; ''I Error from Gage County. Res
ment No. 8. Sedgwick. j., and Holcomb,
j., concurring specially.
school &Tf In a School building in School hours
and in the presence of the pupils, consist
ing OF the reading of passages from the
hymns and offering prayer TO the Deity in
accordance with the doctrine, beliefs, GUS
toms or usages OF sectarian churches or re-
ligious organizations, is forbidden by the
constitution of this state.
1883. Central City against Engle. Error
from Merrick county. reversed. Ames,
e., Department No. 8.
/ A petition by a married woman in an
action for damages for a personal INJURY
which does not allege that she is or has
been or anticipates being the owner of any
separate estate or property or engaged in
any trade, business or service or the perfor-
nance OF any duties except those pertain
ing to her husbands household, does not en-
tue her to recover damages on account
4 either of loss of earnings Already incurred,
or of her diminished capacity 10 earn
money as the result of the injury.
2. hen IL is shown that a person is af-
fected by a serious constitutional disease,
or a tendency thereto, II is error TO sub
fancy of life in the absence of any evil
dence bearing upon that question.
1887. Bechel against Pacific Express Com
pany. Error from Douglas county. Al
hrmed. Pound, c., Department No. 2.
trate in binding over 10 the district court
a person accused of felony is prima facie
evidence of probable cause for the prosecu-
ton, but is not conclusive.
2. In an action for malicious prosecution
where there is sufficient u~ndisputed evil
QenCe TO snow pTODaDle cause, the tflal
court should direct a verdict for the de-
g. A person who suspects another OF hav-
ing committed an offense IS bound TO YER
fly his suspicious by such inquiry as reas.
enable care and prudence would sugges
under the circumstances OF the particular
case before beginning a prosecution.
4 such person need not, as a genera
rule, call upon the person suspected TO giv'
an explanation, especially where there Il
no reason to believe that such eXplana
ton would materially alter the opinion
produced by already acquired
: from Douglas county. Exceptions sus
Y tanned. HoIcomb, j.
l. A member Of a Board Of Education o
a school district in a city having a popu
lation of over 100, organized under tn,
Q provisions OF subdivision IA, chapter 79, o
= the Compiled Statutes, is a ministerial
used in section $50 of the Criminal Code
providing for the punishment OF certail
9 public officers for malteasanee In ONCE,
= from Dawes county. Affirmed. Albert, Z
[ Department No. 3.
property less than 5000 In value is equa
10 or greater than the value of such PROF
r erty, and the mortgager discharges sue
q lien with money received as a pension froT
the United States, such property is exemI
from execution under the provisions {
r 2. The exemption provided by said SEQ
e ton extends TO property taken in eXchang
for the property therein mentioned, as we
ject 10 the limitation therein liked as I
I2l0O. Reed against Reed. Appeal frol
Douglas county Reversed Dune c. d.
IS The determination OF property rights n,
h growing out OF the marriage relauo
h should not be Joined with am action Tor d
pi vorce, but when such rights are asserts
m In the petition for a divorce and no obJel
le should hear and determine the eontroyers.