Hargrave v. Home Fire Insurance
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. cited in support of the direction of the verdict: Hyatt o. Brooks, 17 Neb., 33; Lent v. Burlington 6s M. B. JR. Co., 11 Neb., 201; Burlington 6s M. R. B. Co. v. Wendt, 12 Neb., 76; Post v. School District, 19 Neb., 135; Burns v. City of Fairmont, 28 Neb., 866; Hughes v. Ins. Co.'of North America, 40 Neb., 626.
1Opinion of the Court
Ryan, C.
In compliance with a peremptory instruction there was a verdict for the defendant, on which judgment was duly rendered by the district court of Douglas county. In effect, there is but one assignment of error presented, and that is as to the instruction to find for the defendant. It is not necessary to determine whether or not plaintiff was probably entitled to a judgment in view of all the evidence introduced, for the determination of contested questions of fact is within the province of the jury, and it is error to direct what verdict shall be found. (Hall v. Vanier, 6 Neb., 85;…
2Cases cited7 opinions
- Johnson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1886
- Union Insurance v. BarwickNebraska Supreme Court · 1893
- Suiter v. Park National BankNebraska Supreme Court · 1892
- Grant v. CropseyNebraska Supreme Court · 1879
- Houck v. GueNebraska Supreme Court · 1890
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