Nebraska Reports Volume 74

Nebraska Reports Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...instruction. 3. Instructions of the trial court examined, and held not prejudicial. 4. Evidence: Rnvnzw. Action of the trial court in the admission of evidence examined, and held not prejudicial. 5. Award of damages examined, and held excessive; and further, held that, unless a. remittitur of $412.55 of the damages awarded be entered in this court, the judgment of the district court will be reversed and the cause remanded for further proceedings. ERROR to the district court for Lancaster county: LINCOLN FROST, JUDGE. Ajfirmcd on c0ndz't1'on. A. E. Harvey and Stewart cfi Manger, for plaintiffs in error. L. O. Burr, contra. This is an action for deceit, before this court for a. second review. At the first review, a judgment in favor of the plaintiff and against the defendant Simpson McKibbin alone was reversed, and the cause was remanded for proceedings under the opinion. This opinion is reported in 71 Neb. 280. On a second trial of the issues to a jury in the court below, there was a verdict for the plaintiff against all of the defendants. Judgment was rendered on this verdict, and to reverse this judgment defendants bring error to this court. In the former opinion the issues involved in the controversy are fully set out, consequently, a restatement is unnecessary. At the last trial of the cause in the district court, the question as to whether Simpson McKibbin was a member of the firm of McKibbin Brothers was by his own request submitted to the jury for a special finding, and the jury answered that he was a member of the firm. An examination of the testimony contained in the bill of exceptions shows that there is competent evidence to support this finding, consequently, the verdict against all the defendants is sufliciently supported. more

Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236753321
  • 9781236753328