Rapp v. Sarpy County

The following opinion on rehearing Avas filed January 15, 1905. Judgment of reversal adhered to:

Letton, C.

At the argument upon rehearing, our attention has been called to the decisions of this court in Chicago, B. & Q. R. Co. v. Featherly, 64 Neb. 323, and New Omaha Thompson-Houston Electric Light Co. v. Rombold, 68 Neb. 54, 71. In the Featherly case the jury were instructed:

“The establishment of negligence on the part of defendant, by a preponderance of the evidence, is necessary before; you can find any Arerdict for plaintiff, in any event. If you find there was such negligence on the part…