Cleve v. Chicago, Burlington & Quincy Railway Co.

Epperson, C.

This is the second appearance of this case in this court. The former opinion is reported in 77 Neb. 16(1. It was there held that the evidence taken on the first trial was *159insufficient to support the 'verdict in favor of plaintiff, and the case was remanded and another trial had.

The action is to recover the value of two fat steers which died in transit betAveen Nebraska City and Chicago. The shipment Avas made by plaintiff under a contract with the Chicago, Burlington & Quincy Railroad Company, and the defendant is sued as the-railroad company’s lessee. The only question which Ave…