Jackson Light & Traction Co. v. Taylor
Case Details
- Judge(s)
- Cook, Potter, Stevehs
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Nebraska
Outcome
The Nebraska Supreme Court affirmed denial of workers' compensation, holding that the Nebraska Workmen's Compensation Act did not apply because the employment contract was made in Iowa, the injury occurred in Iowa, and the work was not incidental to any Nebraska industry of the employer.
Excerpt
Appeal from the circuit court of Hinds county. HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals. This action was instituted in the circuit court of Hinds county by Ruby Taylor, a minor of the age of ten years, suing by her next friend, to recover damages for the alleged negligence of the Jackson Light & Traction Company in carrying plaintiff beyond her destination. Ap-pellee was allowed to recover punitive damages, and from a judgment awarding the sum of five hundred dollars appellant appeals. The record shows that the plaintiff and another little girl by the name of Tutt were in company with plaintiff’s mother, Mrs. Ada Taylor; that the three boarded one of the regular street cars of appellant at the Old Capitol station in the city of Jackson and paid three fares for their transportation north to Euclid street. According to the testimony of Mrs. Taylor, when the car was about half way from Pairview to Euclid, and half a block before they reached their destination, “the little girls gave the signal;” that this signal was given by raising the hand, and was the usual signal then employed by the company; that although they gave the signal, the car did not stop at Euclid street, hut ran for half a block beyond the point where they desired to alight from the car; that when she saw they had passed the stopping place, she “got up and began walking towards the back end, and he (the conductor) spoke in this manner: ‘Do you want to get off at this stop?’ and I says, H do; will you please back up?’ and he says, ‘No, you will get off right here.’ ” She further testified that the conductor “spoke rough;” that he refused to hack the car to Euclid crossing, saying that “he didn’t have time;” that the street in the middle of the block where the car actually stopped was muddy and wet, and that in getting off the ear s
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