Nebraska Supreme Court October 22, 1908, No. 15,322 (Hespen v. Union Pacific Railroad)

Fawcett, C.

Plaintiff alleges that on November 17, 1905, while he was unloading sugar beets from his wagon into a car of *496the defendant on one of defendant’s side-tracks, in the village of Sutherland, Nebraska, the defendant negligently and without due warning ran a train of cars and engine on to the side-track on which the car was situated in which plaintiff was unloading said beets, which