Omaha daily bee., 1906-06-23

Error from Douglas. Reversed and re-
msnded. Epperson. C. Division No. l.
Evidence examined and held insufficient
to sustain the verdict
1920 State against McCright. Original
Dismissed at cost of plaintiff, Sedgwick,
c; T. g. . -, o.,-,.,
Dismissed at cost of plaintiff Sedgwick,
1872 State against Anderson. Original
Dismissed at cost of plaintiff SedgwiclS,
1918 State against Sinclair Original
Dismissed at cost OF plaintiff sedgwick,
142i4 state against Nelson. Original
Dismissed at cost of plaintiff. Sedgwick,
l42l5. State against Hedlund. Original
Dismissed at cost of plaintiff. Sedgwiek,
lI{i6. State against Blair Original Dis
missed at cost OF plaintiff. sedewick, c. j.
1217. State against Laprath. Original.
Dismissed at cost of plaintin. Sedgwick,
l. BY the act Of 1875, entitled IAN act
authorizing parties on school lands Sc
lected in lieu OF sections 16 and S6 to pur-
chase the same when the state acquires
title" Compiled Statutes, 1897, page 1929
section 4, persons who complied with the
act had preference right 0f purchase
or lease of land known indemnity school
land, and had title to the improvements
made by them thereon.
2. Occupants of indemnity school lands
who had complied with the act of 1875
before the repeal thereof were entitled TO
the improvements, and to be given an OPP
portunity to lease the Land upon such ap-
Eraisement before being elected there
from.
g. The fact that the occupant of In
demnity school land has attempted to make
| entry thereof under the homestead laws Of
the United States and has in good faith
| contested the right of the state TO the
same as indemnity school lands will not
! estop him to assert his right under the
act OF 1875 relating to the improvements
| or actual settlers upon lands 80 obtained
145s. Chicago, Burlington & Quincy
| Railroad Company against Healy. Error
! from Douglas. Reversed and remanded.
Ames, G. Division No. l.
| employe of the Chicago, Burlington &
| Quincy Railroad company, who was a
company, TO recover damages under the
statute for wrongfuly or negligently
causing the death of such employe is a
bar 70 subsequent action upon the mem
! bership certificate in said department when
the administrator is the same person
| named as beneficiary in the contract
1889 Hahn against Bons c-;n. Appeal
from Lancaster. Reversed with directions
Albert c. Division No. 2
| lien for labor performed on a buildine
under contract relief will not be de
omission in the performance OF contract
where there has been a substantial per
Torrance on his part.
2 Evidence examined and held to show
a substantial performance on the part o.
the plaintiff and suficient 70 entitle hin
10 the relief granted.
g. Evidence, as between the owner ant
a defendant lien holder, examined and hell
suriGient TO JUSTIFY hnding IN iavof
the latter for greater sum than tina
found by the trial court.
T. A mechanics or material mans lien
duly hled within the time required by
law. takes precedence over a mortgage SUB
sequenuy executed by the owner. -.
Error from Lancaster Affirmed Epper
son, C. Division No. 1.
l. In an action to recover an amour
alleged TO be due upon verbal contrac
the burden Of proof Is upon the defenda n
to prove that plaintiffs cause OF actor
was barred by the statute OF limitations
when that defense Is at issue.
p The trial courts Instructions and rul
ings denying instructions requested, eX
aniined and held without error
| 8. The rulings OF the trial court on tn
admission and rejection of evidence ofnere,
examined and found not erroneous.
1855. Waters against City OF Omaha
Appeal from Douglas. Reversed. Jackson
c, Division No. 2
]. Where a city. In the erection OF a publ
work, exercises reasonable care and Judg
ment and adopts plans approved and recon
mended by engineers having all the knowl
edge that skill and experience In such woTl
would naturally give them, II should not b
held liable In damages on account OF al
alleged defect In the plan, unless the con
all reasonable minds must agree that 4 wa
unsafe.
1881 LAhrInan against Bauman Appea
from Holt. Affirmed. Albert, c. Division
No.
/. In an action By the indorsee against IN
note u relied uDon ~ a dsfshEs and show