Omaha daily bee., 1907-04-23
SUPREME COURT SYLLABI

1859 Bosier against Mcshane. Appeal.
Douglas. Alarmed Epperson, c., Divl-
i, Under the provisions Of Sec. 10a, Cob
bey's annotated statutes (Sec. y OF the
code), any payment upon a written contract
the Arrangement of the maker, or such
payment as Is the natural ana reasonaDle
sequence Of his agreement VIII stay the
2 The payment of dividends upon the
stock Of corporation assigned to the payee
by the maker OF a note as eo llaterai Sc
curity and the application thereof as pay
ments upon the note, will stay the running
Of the statute OF limitations.
1881; Bryant against , Bee6e Ennyoan
Albert, C., Division No. DUNE c.
not sitting. -,,.-..,.
act or omission not amounting 70 Wanton
wrong is the proximate cause OF an injury,
It must appear that the injury was ma
tural or probable consequence thereon, ana,
that Il ought 20 have been fOreseen In the
light OF attending circumstances.
2 Ordinarily, in forecasting the probable
consequences Of his own acts or omissions,
an employer may rely on the presumpuon
that each employee will exercise due care,
not only 10 avoid injury TO himself, but to
g. Although IL may be shown that truck
furnished by an employer was defective,
and that the defect therein was one OF the
factors which combined TO produce an ac-
cident in which an employee was injured,
yet N the employees were chargeable with
notice that such truck was liable TO be or
10 become defective and voluntarily placed
themselves in position OF peril with re. re,
could not have occurred but for their hav-
ing taken such position the negligence OF
the injured party and co-employeesi and
not that Of the employer, is the proximate
cause OF the injury.
1885 Nelson against Chicago, Burlington
& Quincy Railroad company, Appeal.
Franklin. Affirmed, Oldham, C., Division
i. When cattle have been delivered to and
.al1auF In tie -
ing pens for Immediate shipment. the COM
pany Is liable as common carrier for
damages to the cattle from the time q
such delivery Chicago, Burlington
Quincy Railroad company against Powers,
Nebraska, 1o3 n W., 67s, examined and
A railroad company is not an insurer
OF the arrival OF its trains on schedule
time in the transportation Of live stock,
the delivery OF the stock. the company
must, to eNonerate itself from liability,
show that the delay arose from some cause
other than It's own negligence. -.
3. Under the constitution and statutes o.
this state, the liability Of railroad cons
pany for unnecessary and unreasonable
delay in the shipment OF live stock Is the
same whether the contract Of shipment Is
a written or an oral one.
T. Action OF the trial court In giving and
refusing. instructions examined and held.
Not preiudicial
Appeal, Buffalo, Affirmed. Jackson, c.,
Division No. 2 DUNE, C., not sitting.
In case Of conflict between the pro
visions OF a life insurance policy and tho
statements contained in the application
| for Insurance, the provisions OF the policy
1885 Rearms against CIopine. Appeal.
| Franklin Reversed and remanded Jack
| son, c.. Division No, 2.
In an action against mere trespassers
I for damages TO land occasiOned by their
| release Of water from an artificial ditch.
/ the fact that the plaintiff was not the
/ owner OF the land on which the ditch was
maintained and had no easement therein Is
no defense.
1850 Kafka against Union Stock Yards
Company Appeal, Douglas. Reversed and
, J. Where the special bindings Of a jury
| can be recOncled with the general verdict,
| under any proof that might have been
/ made under the issues. a motion for iudg-
ment on the special findings, and notwith-
| standing the general verdict, should be de-
| MED.
/ Not irreconcilable with the general verdict
/ In View of the proof which might have
been made under the issues. and insufficient
! 10 sustain the Judgment
I g. Whether the evidence IN an action at
/ law Is sufficient 10 sustain the verdict or
/ special findings Of the jury must be brought
| 10 the attention OF the trial court bY mo-
| ton for "A new trial and a ruling had
| thereon, before a review thereof can be
/ had I'm this court
/ 1889 Steven against Henderson. Appeal
/ RuWalo Reversed and remanded. Jack
| sion, C.. Division No. 2. Dune, C., Lot
| /, Evidence examined and held, Insura-
Client 70 sustain the Judgment