Morrison v. Scotts Bluff Cnty., No. 20848.
| Court | Supreme Court of Nebraska |
| Writing for the Court | MORRISSEY |
| Citation | 177 N.W. 158,104 Neb. 254 |
| Docket Number | No. 20848. |
| Decision Date | 13 March 1920 |
| Parties | MORRISON v. SCOTTS BLUFF COUNTY. |
104 Neb. 254
177 N.W. 158
MORRISON
v.
SCOTTS BLUFF COUNTY.
No. 20848.
Supreme Court of Nebraska.
March 13, 1920.
If, on the trial of an action “brought to recover damages for injuries to a person or to his property caused by the negligence of another,” plaintiff is found to be guilty of negligence directly contributing to the injury complained of, he cannot recover, even though defendant was negligent, unless the contributory negligence of plaintiff was slight and the negligence of defendant was gross in comparison therewith; and if, in comparing the negligence of the parties, the contributory negligence of the plaintiff is found to exceed in any degree that which, under the circumstances, amounts to slight negligence, or if the negligence of defendant falls in any degree short of gross negligence, under the circumstances, the contributory negligence of plaintiff, however slight, will defeat a recovery. And even when plaintiff has established his right to recover under this rule, it is the duty of the jury to deduct, from the amount of damage sustained, such amount as his contributory negligence, if any, bears to the whole amount of damage sustained. Rev. St. 1913, § 7892.
A county is bound only to use reasonable care to keep its its roads and bridges safe for the ordinary modes of public travel.
Appeal from District Court, Scotts Bluff County; Grimes, Judge.
Action by Amos C. Morrison against Scotts Bluff County. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
[177 N.W. 158]
L. L. Raymond and Robert G. Simmons, both of Scotts Bluff, for appellant.
Wright, Mothershead & York, of Scotts Bluff, for appellee.
MORRISSEY, C. J.
Plaintiff recovered a judgment for injuries to himself and damages to his automobile because of alleged negligence on the part of defendant in failing to keep a bridge and highway in proper repair. Defendant appeals, assigning as error the giving of instructions Nos. 4, 5, and 6 by the trial court.
[1] Instruction No. 4, after quoting section 7892, Rev. St. 1913, reads as follows:
“In this case, if under the evidence you find that defendant was negligent, and that you should find for plaintiff, you should first determine what sum will compensate the plaintiff for the damage you find that he is shown to have sustained, taking into consideration such elements as you are told in the other instructions it is proper for you to consider, and then, if you believe from the evidence that the...
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Murray v. Pearson Appliance Store, No. 33012
...as his contributory negligence bears to the entire negligence of the parties which contributed thereto. Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, as clarified by Sgroi v. Yellow Cab & Baggage Co., Inc., 124 Neb. 525, 247 N.W. 355; Patterson v. Kerr, 127 Neb. 73, 254 N.W. ......
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Corey v. Kocer, No. 10870
...The court in Ripp v. Riesland, 1960, 170 Neb. 631, 104 N.W.2d 246, reviewed its opinions including Morrison v. Scotts Bluff County, 1920, 104 Neb. 254, 177 N.W. 158, cited in the Friese opinion. This included opinions for the time prior to 1941 when South Dakota adopted the act. We quote fr......
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Nichols v. Havlat, No. 31188.
...Mann case was determined under the practice that prevailed at common law, of which Morrissey, C. J., in Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, says, in part: “At common law, contributory negligence on the part of plaintiff, no matter how slight, was an absolute bar to ......
-
Nichols v. Havlat, 31188.
...Mann case was determined under the practice that prevailed at common law, of which Morrissey, C. J., in Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, says, in part: "At common law, contributory negligence on the part of plaintiff, no matter how slight, was an absolute bar to ......
-
Murray v. Pearson Appliance Store, No. 33012
...as his contributory negligence bears to the entire negligence of the parties which contributed thereto. Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, as clarified by Sgroi v. Yellow Cab & Baggage Co., Inc., 124 Neb. 525, 247 N.W. 355; Patterson v. Kerr, 127 Neb. 73, 254 N.W. ......
-
Corey v. Kocer, No. 10870
...The court in Ripp v. Riesland, 1960, 170 Neb. 631, 104 N.W.2d 246, reviewed its opinions including Morrison v. Scotts Bluff County, 1920, 104 Neb. 254, 177 N.W. 158, cited in the Friese opinion. This included opinions for the time prior to 1941 when South Dakota adopted the act. We quote fr......
-
Nichols v. Havlat, No. 31188.
...Mann case was determined under the practice that prevailed at common law, of which Morrissey, C. J., in Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, says, in part: “At common law, contributory negligence on the part of plaintiff, no matter how slight, was an absolute bar to ......
-
Nichols v. Havlat, 31188.
...Mann case was determined under the practice that prevailed at common law, of which Morrissey, C. J., in Morrison v. Scotts Bluff County, 104 Neb. 254, 177 N.W. 158, says, in part: "At common law, contributory negligence on the part of plaintiff, no matter how slight, was an absolute bar to ......