Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-11-18
TRAVELLERS MUST
LOOK AT CROSSING
Supreme Court Puts Some Bur-
de non Those Who Use
the Highways.
DECIDE CASE FROM PLATTE
lrrnm ! staff cerrespondent. J

Is 1ltilHdtCu W luS sup. 49,
case remanded for trial, in an opinion
handed down today by that tribunal:
with others covering some matters OF
importance.
Tibet raveler look for an approach
ing train, and do little listening at
the same time. The court says:
"A traveller upon public highway
who attempts to cross railroad
track in front OF an approaching train,
il he knew. or ought to have known,
Of its approach, is guilty Of contribu-
tory negligence, which will prevent a
recovery for resulting injuries, # the
approaching train was in such close
proximity to the crossing that q rea-
sonably prudent person could not
fairly expect to cross in safety ahead
OF II.
Must Look and Listen. ~
III is the duty Of such traveller on
highway, when approaching rail-
road crossing to look and listen for
the approach OF a train. He must
look. when by looking he could see;
and listen, when by listening he could
hear; and il he fails, without reason
able excuse, to exercise such prccau-
tons, no recovery can be had for his
death BY collision with passing
train, ..3.
The case is one in which the admin
istrator Of the estate OF Carl Rickert
secured a judgment for $4,000 in
Platte county against the Union Pa
ci6c Railroad company for the death
Of Rickert, who ran his, automobile
into the second section of train No. 9
at Benton. II was alleged by plain
tiff that the buildings OF the company
obstructcd view of the track.
Must Carry Out Contract.
where four proposed improvement
districts had been created in South
Omaha and the property owners had
indicated the kind OF material they de-
sired used and TIE contracts had been
let and bonds given for performance
OF the same. and each OF the fore
going steps had been taken under the
direction OF the city attorney and the
city engineer Of the citl Of South
Omaha, and before the consolidation
Of the said city with the metropolitan
city Of Omaha, as contemplated by
the statute, the contracts so entered
into arc valid and they must be per-
formed by the consolidated city Of
Omaha, although the statutory time
allowed property owners in which
10 select material had not expired in
any Of the districts before the CONSOLE
.dateion took place..
This is the opinion OF the supreme
court, written by Justice Hamer In
affirming the action OF the Douglas
county district court in an action
brought to compel tho city Of Omaha
TO carry out certaia paving contracts
entered into BY the city Of South
Omaha before the consolidation Of
the two cities.
Garden Holds Ground.
The county line between Garden
county and Arthur county. which has
been In dispute for some time, will
have to stand, according to the su-
prcme court.
BY the opinoin Of the court the dis
putcd territory, which has been under
The Jurisdiction of Garden county,
will still remain as a part Of that
county, the court holding that:
Where it has been attempted to
change the county boundary OF an un-
organized county by a void act OF the
legislature, and the adjoining county
has taken over that portion Of terri
tory excluded by the void act, and
has exercised jurisdiction over such
territory for many years to prevent II
and the state government has rccog-
llizcd the line fixed BY the void act
for more than ten years, the line will
have to stand"
The opinion was written by Justice
Barnes.
Button Held Negligent.
Failure to get out OF the way OF an
approaching train because no warning
whistle was sounded, docs not give
sufficient reason for a verdict against
the railroad company, especially when
the plaintiff saw the train approaching
and failed to get out of the way.
The case was one in which John
Button secured a judgment in the dis
trict court OF Douglas county against
the Missouri Pacific Railway company
for $500.
While lying beside the track with
his head a foot from the rail, with a
plain view OF the track for half mile
he was struck and one hand cut off.
He was awake at the time, but failed
10 hear the train coming.
Village officials Must Act.
A county attorney is not required
10 prosecute violations Of village
ordinance, where the prosecution Is
not based on the violation OF any law
Of the state, according to the supreme
court, in an application for a writ Of
mandamus to require the county at
torney OF Morrill, county to prosecute
Anton Cernablc Off an alleged viola
ton Of an ordinance of the village
q Bridgeport prohibiting disturbing
The peace.
Damage Verdict Upheld.
"a Judgment against the Union Pa
eiiic railroad, secured in Buffalo coun-
~, Is affirmed by the supreme court,
y IN which James Campbell, asking for
$1,000, received damages for $500.
The question involved covered the
proposition Of whether the worning
3 whistle was blown or the bell rung
on the engine which struck the plain
tiH while crossing the track OF the de,
PENDANT. The court holds. in an opin-
ion BY Justice Rose that il was mat
ter wholly for the Jury to decide BY
the evidence
An EXPERT on COLDS
Comparatively few people realize thai
acold is signal Of physical weakness
To treat a cold With uvaaker;ro