Haight v. Omaha & Council Bluffs Street Railway Co.
| Decision Date | 04 December 1914 |
| Docket Number | 17,889 |
| Citation | 149 N.W. 778,97 Neb. 293 |
| Parties | EVA BELLE HAIGHT, APPELLANT, v. OMAHA & COUNCIL BLUFFS STREET RAILWAY COMPANY, APPELLEE |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Douglas county: WILLIS G. SEARS JUDGE. Affirmed.
AFFIRMED.
Weaver & Giller, for appellant.
John L Webster, W. J. Connell and William R. King, contra.
This is an action to recover for personal injuries which it is alleged were caused by the sudden and negligent starting of a street car in the city of Omaha while the plaintiff was in the act of alighting therefrom. The jury returned a verdict for defendant. Plaintiff appeals.
Two reasons are urged for the reversal of the case: (1) That the verdict is not supported by the evidence; (2) that the jury which tried the case was illegally constituted.
As to the first point: Plaintiff's testimony was to the effect that, when the car stopped at Yates street, three passengers left the car in front of her; that the conductor did not give her time to alight, and that as she was stepping off the car it lurched forward and she fell striking the pavement with great force and was severely injured. On the other hand, the conductor, the motorman and four passengers testified that the car stopped to allow some passengers to take the car; that after these had entered the conductor pulled the bell cord and the car started; that the plaintiff then arose and informed the conductor she wanted to alight at that place; that the conductor pulled the bell cord, and that while the car was moving slowly, and before it had completely stopped, which it did within a few feet, the plaintiff stepped down, fell, and was hurt. In this state of the evidence it was for the jury, and is not for this court, to determine whether the plaintiff or these other witnesses were telling the truth, and there was sufficient evidence to support the verdict.
The district court for Douglas county consists of several judges. While one of the judges was conducting the trial of a criminal case, the regular panel of jurors became exhausted and the district court made the following order: "The regular panel of petit jurors now having been exhausted and the jury in this case being incomplete, it is by the court ordered the sheriff summon from the body of the county twelve (12) men having the qualifications of jurors, from which to fill the panel in this case, or such other case as may be assigned for trial during the remainder of the third three weeks of the October, 1910, term of the district court." Talesmen were accordingly called to fill the panel, five of whom participated without objection in the trial of this case. The trial judge evidently proceeded under the provisions of section 8143, Rev. St. 1913, which is the general statute formerly applicable to every county in the state. In 1905 a statute was enacted providing for the summoning of jurors in counties of 30,000 inhabitants or more. Rev. St. 1913, secs. 8148-8159. This statute provides for the selection by the county board each year of a definite number of names of qualified persons to serve as jurors in that year. These names are placed in a box or wheel, and on the first day of each trial term the clerk of the court draws 30 names of persons for each judge sitting with a jury, who shall act as jurors for the first three weeks of the term, and like proceedings are had for other periods of three weeks as needed. Section 8156, in substance, provides that jurors...
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Haight v. Omaha & C. B. St. R. Co.
... ... ; Sears, Judge.Action by Eva Belle Haight against the Omaha & Council Bluffs Street Railroad Company. From judgment for defendant, plaintiff ... ...