Swift & Co. v. Holoubek

Hastings, 0.

This case is presented on a rehearing from the decision filed last November and published in 60 Nebr., 784, which was the second reversal of judgment in favor of plaintiff. A somewhat careful re-examination of the record shows no ground for changing the conclusion that there is evidence from which a jury might reasonably conclude that the machine the plaintiff was operating was improperly and defectively constructed, and the furnishing of it to him by defendant for use at the place and under the circumstances, indicated by the testimony on his behalf, would constitute negligence…