Fyfe v. Tabor Turnpost

Decisions of the Nebraska Court of Appeals FYFE v. TABOR TURNPOST 711 Cite as

22 Neb. App. 711

B. Where two inferences may be drawn from the facts proved, which inferences are opposed to each other but are equally consistent with the facts proved, a party having the burden of proof on an issue may not meet that burden by relying solely on the inference favoring that party. Instruction No. 7 is a correct statement of the law. See, NJI2d Civ. 2.12A; NJI2d Civ. 16.06. Because the question raised by the jury was adequately covered by the instruc- tion given, the district court did not abuse its…