Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-11-27


Answer-Employ an attorney and
he will have no trouble in having
the default and Judgment set aside.
as no doubt the term of court has
not expired.
Negligence.
NJ G. G.-My husband was killed
by railroad and there were no
witnesses to the accident. but there
were certain circumstances that
would indicate that the railroad
company was responsible for his
death. Is II necessary that there
should be eye-witnesses to the acct
dent in order for me to recover?
Answer-When there is no evil
dence as to the negligence on the
part of the person injured or killed.
the presumption Of due care that
arises from the instinct of self
preservation generally obtains, but
1t is necessary for you to prove that
the railroad company was negligent
and that Its negligence was the prox-
innate cause Of the death Of your
husband.
VIII.
E. J.--Can an executor Of a will
appeal from the district court to the !
supreme court where the district |
court has denied the will to be pro-
bated?
Answer-The executor under will /,
is proper party proponent and he |
may appeal to the supreme court.
Will.
8. L. T.-My aunt recently died, |
leaving all Of her property to my |
nephew. have abundant proof to |
show that at the time she made the |
will she did not know what she was
signing; that the will was drawn at |
the suggestion Of my nephew and
that my aunt never saw 1t until it !
was offered for her to sign, and that i
she did not understand what she
was signing when she did so. Have
I any remedy, and II so, what Is it?
Answer-You can set the will
aside because of improper or undue
influence exerted upon your aunt,
and further that she did not have
mental capacity at the time Of sign
ing the will.
Guaranty. |
o. R.-Some time ago I wrote to
an Omaha jobbing house that II it
would send goods to a certain
local business man in our city that
would, upon the arrival Of the
goods, subject to inspection, remit
payment. I never received a reply
from the Omaha jobber or had any
notice Of the shipment. About nine
months afterwards the jobber wrote
me that the bill had not been paid!
Am liable?
Answer-You are not, as it was
the duty OF the jobber to notify you
and to have accepted your guaranty.
Workmen's Compensation.
B. ks the city of Omaha LA
BILE for the death Of fireman who
was killed in performance Of duty?
In other words, does the workmen's
compensation act apply to the city
of Omaha?
Answer-see full account in
Omaha Evening Bee of Tuesday,
November Is, In which issue there
Is set forth in full decision by
Judge Troup holding the city liable.
Insurance.
W. D. C.-Is an oral agreement
made by an agent Of a fire insurance
company to insure enforcible?
Answer-It is, but the contract ,
must be definite as to all the material
terms Of the contract.
Arbitration and Award.
F. P.-I signed an agreement as
provided for by the statutes of Ne
braska to settle q controversy l
had with a customer of mine. by
leaving the dispute to arbitration.
The other party now claims that he
will not be bound by the decision
OF the arbitrators and that he IN
tends to 60 to court. I don't know
what the arbitrators are going to
decide, but should they decide in
my favor, is 1t binding?
Answer-The award in whose IA
vor 1t is found will be binding upon
the other party as the law favors
settlement of controversies by the
parties interested. I assume that
there has been no fraud, and that
the provisions Of the statutes have
been compiled with.
Malicious Prosecution.
V.D. Y.-Some months ago pre- !
scented a case to our county attorney,
fully disclosing all the facts. He
then had the party arrested The
trial was recently had and the party
was discharged by the jury. found
mot guilty" He threatens to sue
me. Am / liable?
Answer-You are not, provided
Won made full disclosure, of all the
ia cts to the prosecuting attorney and
II was at the suggestion OF the
county attorney that the complaint
was filed.
Negligence.
3. H. Cts a street car company
liable for a passenger struck by
ma ssing automobile while she is IN
the act of alighting?
Answer-In a recent case cited by I
the snnreme court of North Caroline
and which is found in / A. L. X
e4s it was held that the COMPANY
was liable where a woman passenge,
was struck the instant she reached
The ground by automobile speed
ing at high speed.
Answers. +
Mother Of Two-There is nothing Z
A. R. T.-You should employ a