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· 4/15/1878

Burlington & Missouri River Railroad v. Robert Dick & Son

Citations

  • 7 Neb. 242

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • the defendant was presumably granted entry by the resident as a door-to-door salesman, and he killed the resident soon after gaining entry
  • invitee is no longer privileged to remain in a private home once he knows his privilege is terminated
  • where act of violence is directed at person with ability and authority to revoke privilege of initial entry, strong inference arises that privilege to remain is terminated
  • One who lawfully enters premises becomes trespasser subject to conviction for burglary by virtue of commission of felony on premises.
  • “even assuming lawful initial entry, the jury was justified in inferring from the evidence that appellant’s privilege to remain in [the] home terminated the moment he commenced his assault on her”
  • “[E]ven assuming lawful initial entry, the jury was justified in inferring from the evidence that appellant's privilege to remain in [the victim’s] home terminated the moment he commenced his assault on her.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gantt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.