Legal Opinion · Dissent

Long v. Railway Mail Ass'n

Nebraska Supreme Court

Decided February 16, 1945No. 31651Published

1DissentWenke, J.

I disagree with the opinion now adopted by the majority of the court for reasons sufficiently stated in the original opinion, reported in 143 Neb. 949, 12 N. W. 2d 113, and for the following additional reason:

In her petition appellee alleged that, “The death of said Chester R. Long resulted wholly and alone from the sudden, violent and accidental injuries aforesaid and directly and independently of all other causes resulted in his death.”

In accordance therewith the trial court instructed as follows :

“Before the plaintiff can recover in this suit, she must establish by a preponderance of the…

2Cases cited4 opinions

  1. Bohmont v. MooreNebraska Supreme Court · 1942
  2. U. S. Tire Dealers Mutual Corp. v. LauneNebraska Supreme Court · 1941
  3. Behle v. Loup River Public Power DistrictNebraska Supreme Court · 1940
  4. Long v. Railway Mail Ass'nNebraska Supreme Court · 1943

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