Omaha daily bee., 1914-12-05
Nebraska
VEHICLES ON CAR TRACKS
Supreme Court Holds Public Must
Get Out of the Way.
JUDGMENT REVERSAL TO STAND
Decision stands In OtOe County
Case Against AutOmObilist who
Frightened Team, Gauss
ing Runaway.
1From > sad CorrespondentO


LINCOLN, Dec. A-(Special THE SUI
preme court decides In the case OF Sam
McKennan against the Omaha a Council
Bluffs Street Railway company, that The
general public has an equal right with
street car company upon the public
streets OF a city, but has not at all times
the same right upon the track OF the
street car company. The public has a
right TO cross or drive upon the street car
tracks, but not so as to hinder or inter-
fere with the cars operated thereon"
The case is one for damages, In which
the supreme court had once before over
ruled the judgment of $500 secured by
plaintiff against the street car company
and a motion Is made for rehearing The
court in the main stands by its former
opinion and denies the application for a
rehearing. The main controversy seems
to hinge on the rights OF the public on a
street car track. and the higher court in
the syllabus of its opinion holde:
Duty of MotOrman,
1.-THE motorman of a street car is not
necessarily obliged to stop his car when
he sees a man driving in a vehicle along
the line of railway ahead of the car; but
he may continue to run the car in
proper manner until it appears that tho
driver Is in danger and is unaware or
needless Of his danger. 1t is then his
duty to use all reasonable care and dill
gence to avoid a collision Seeing a man
driving along the track. the motorman
may assume that he will turn aside and
out Of the way of the car. but he cannot
rest on the assumption so long as to allow
his car to reach a point where It will be
impossible for him to control his car or
give warning in time to prevent injury
to the man or vehicle
"In such a case the motorman in charge
of the car should use the care and dill
gence which an ordinary prudent person
would use under the circumstances"
The opinion is by Justice Letton with
partial dissenting opinion by Justice
Hamer, who does not exactly agree az
to the rights Of a vehicle on the car
tracks. He holds that the cars are for
the accommodation of the public, and
that a vehicle has no right TO use the
street car tracks to the inconvenience OF
the public travelling in the street car.
Dore Judgment Affirmed.
In an appeal brought by the Omaha &
Council Bluffs Street railway to set aside
! a Judgment secured by John J. Dore In
the Douglas county district court as the
next friend of Francis Thomas Dore, 6
7-year-old child, who was permanently
injured by falling from a street car al
Twenty-fourth and F streets in South
Omaha, the court affirms the judgment
of the lower court. Suit was brought fol
$4,000, but judgment was allowed FOL
but $500.
Judgment Against Autoiat.
The court affirms the judgment OF the
Otoe county district court in cas-,
, brought on appeal by Henry Uni ct al
, against a Judgment for $261.b0 damagei
I secured by Fritz Schweppe.
The case involves the rights of an
automobile on the public road and tht
warning given when desiring to pass
team going In the same direction.
The plaintiff alleged that the defend
ants while Approaching in automobiles
at a speed of fifteen miles an hour
made numerous unusual and unneces-
sary noises with their automobiles and
other instruments" so much SO that his
horses became frightened and that wher
they refused to heed his requests to be
careful thy ran their machines by al
such speed that his horses ran away and
he was thrown from his wagon and
sustained injuries.