Railroads in this state are public highways, and title to right-of-way cannot be divested by adverse possession. Edholm v. Missouri P. R. R. Corp., 114 Neb. 845, 211 N.W. 206 (1926); McLucas v. St. Joseph & G. I. Ry. Co., 67 Neb. 603, 93 N.W. 928 (1903).
Railroad is liable for negligence notwithstanding contract limiting liability. Maucher v. Chicago, R. I. & P. Ry. Co., 100 Neb. 237, 159 N.W. 422 (1916).
This section does not prohibit Legislature from increasing common law liability of common carriers. Smith v. Chicago, St. P., M. & O. Ry. Co., 99 Neb. 719, 157 N.W. 622 (1916).
A side track connecting with main line of railroad will be presumed to be a part of the public system of the company, and a public highway. Roby v. State ex rel. Farmers Grain & Live Stock Co., 76 Neb. 450, 107 N.W. 766 (1906).
Railroads must receive cars of another road when gauge is suitable and cars offered are not defective. Chicago, B. & Q. R. Co. v. Curtis, 51 Neb. 442, 71 N.W. 42 (1897), 66 A.S.R. 456 (1897).
Congress has legislated upon the subject of liability of carriers for loss or damage to interstate shipments, superseding all provisions of state constitutions or laws prohibiting carriers from limiting their liability by contract. C., St. P., M. & O. R. Co. v. Latta, 226 U.S. 519 (1913); C., B. & Q. R. Co. v. Miller, 226 U.S. 513 (1913).
Agreement under which constructor of unloading pit agreed to indemnify railroad which owned trackage over pit against all claims arising out of the construction, maintenance, use, and existence of pit did not contravene this Article. Linden v. Chicago, B. & Q. R.R., 483 F.2d 29 (8th Cir. 1973).