Omaha daily bee., 1912-05-31
Nebraska
SUPREME COURT DECISIONS
High State Bench Hands Down
Opinions in Numerous Cases.
PAVING DISPUTES FROM OMAHA
Creishton University Cases I'm Con-
Il troversy over Damages ms
Result of Cutting Twenty
Fourth street.
lFrom a staff Correspondent)

tFrom a staff Correspondent
LINCOLN. Neb.. May 3.ISpecisl,-
In the case of Mccartney against the city
Former opinion was overruIed by the SUI
preme court today. The actual contro
versy was whether the city had power
10 make a special assessment on prop
crty living outside of an unimproved dis.
lrict for the purpose of paying for i'm
provements within Q district.
II was decided in substance that in or
der 10 warrant an assessment Of tina;
kind there must be petition of property
owners In the proposed district; that {
street improvement district must be
Created; that the levy Of taxes for such
Improvement must be confined to prop
ery within the district which has been
specially benefited by the Improvement
and that no taxes for such improvement
can be levied on property outside of the
district .#
south omaha Damage Suit.
The case of Stephen |. Brown, revived
in the name Of Frank L. Mccoy. admin
istrator. against Swift and Company, is a
suit for personal injury received in the
packing house of the defendant at South
Omaha. The plaintiff sets forth that he
was injured when attempting TO haul
truck load Of meat from freight car to
the sweet pickle cellar Of the defendant
company's packing house. Grown reeoy-
cred Judgment against the packing
4 company in the district court of Douglas
county in the sum OF s2.795 and the case
was appealed by the defendant to the
Nebraska supreme court. Brown died
i after the case was sent to the higher
.n4purt and the same was revived by the
administrator Of the estate. The supreme
court reverses the lower court on the
ground that the plaintiff was familiar
with the work and knew the danger in
connection with the work he was doing.
CnrIo sCase Reversed.
The case OF Clyde e. Carlos against the
Hastings Telephone company is one in
which the plaintiff sued the defendant
for additional salary as manager OF tha
4 telephone company. claiming that he was
10 receive 500 a month after the first
two or three months II he made good
being an advance Of IS per month. He
county for 500 due and received judg-
ment In full for that amount. The case
was appealed to the state supreme court
and the latter has reversed the judgment
OF the district court.
city Beats University.
~. ~ he AfybF nnfyarR4fu
against the city OF Omaha for damages
sustained by reason of the grading Of
Twenty-fourth street in that city from
Burt street to Cass was decided In favor
OF the city. The university claimed dam
ages In the sum OF s22soo. but the city
council cut the amount down TO so"
June 8, 1909. a notice of appeal was pre-
sumably made. although no record APP
pears Later the city filed a motion In
district court to dismiss the appeal and
Objected to the jurisdiction Of the court
upon the ground that no petition was
filed as required by section 2iS Of the city
charter. The court dismissed the appeal
and the plaintiff then appealed TO the
supreme court. which sustains the judg.
IfiiA VI tht uislflit Ntuft th tnN ktONbA
that the law requires the filing of.a Pc
tltion to be the first and jurisdictiona'
act within the thirty days prescribed and
that the petition was not so filed.
u Removal OF Household Goods.
The case OF Henry W. Sweet against
Antelope County Insurance company
, Involves the removal of household goods
from the building in which they were at
the time they were insured to another
, building. which the insurance company
claims did not come under the require
ments as to insurable property. Plaintiff
claims the goods were moved with the
consent Of the defendant. The district
court Of Antelope county directed a YER
diet in favor Of the company. and on
tiff the verdict of the lower court is
sustained.
Precautions Not Taken.
The case of Walter o. SHUTS against
the Burlington railway. made on appeal
of the railway company from the judg-
ment Of the Lancaster county district
court. which gave the plaintiff a judy
HitiA VI sifvO anu SnSis, was INNciScn pS
the supreme court. The plaintiff was in
jured in freight car in which he had
some household goods and five horses
which he was shipping from one Ne
brsska town to another. He was thrown
and injured when freight train bumped
against the car, which was standing on
the scale track where II was to be
weighed The reversal by tho supreme
court Is made on the ground that the
plaintiff knew Of the danger and did not
take ordinary precautions. and that the
injury was not sustained by any vilful
act on the part OF the railroad company
District Court Reversed.
The case Of Fitzgerald against the
Union Stock Yards company is one In
which plaintiff was killed while making
a coupling OF car to a train OF cars.
Tn cease has twice been tried in the dis
trict court Of Douglas county. In the
first trial the court Instructed the Jury
70 return a verdict for the defendant
Prom that judgment the plaintiff appealed
10 III eSupreme court and the Judgment
Of the lower court was reversed. AT the
second trial the jury returned a verdict
ggainst the company in the sum OF ts.l9a.
ON the hearing Of the motion before the
district court for new trial the court
ordered a lowering Of the Judgment 10
A.oco and the case was again appealed