Chicago, Burlington & Quincy Railroad v. Martelle

Barnes, C.

This case was tried in the district court of Butler county, and resulted in a verdict and judgment against the defendant railroad company for the sum of $3,500.- A motion for a new trial was overruled, and the case comes to this court on a petition in error. The amended petition, upon which the case was finally submitted to the jury, is as follows (omitting title) :

“The plaintiff complains of the defendant and for cause of action alleges and says:

“1st. That said defendant is a corporation, duly organized and existing under and by authority of the laws of the state of Nebraska, and…