Nebraska Supreme Court September 23, 1898, No. 7797 (Chicago, Burlington & Quincy Railroad v. Kellogg)

Sullivan, J.

This cause is now before us on rehearing. The 'original opinion, which contains a sufficient statement of the facts, will be found in 54 Neb. 127.

' Counsel for defendant contended on the first submission, and still insist, that the petition does n'ot charge the company with actionable negligence.