Brotherton v. Manhattan Beach Improvement Co.
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Scott, J. Tbe opinion contains a statement of tbe case. Tbe court erred in instructing tbe jury to return a verdict in favor of tbe defendant in error. Tbe questions of fact, as disclosed by the evidence upon tbe trial, were for tlie jury to pass upon, and it was not tbe province of the court to take tbe question of fact from tbe jury.
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Error from tbe district court of Douglas county. Tried below before Scott, J. Tbe opinion contains a statement of tbe case. Tbe court erred in instructing tbe jury to return a verdict in favor of tbe defendant in error. Tbe questions of fact, as disclosed by the evidence upon tbe trial, were for tlie jury to pass upon, and it was not tbe province of the court to take tbe question of fact from tbe jury. Whether there was contributory negligence upon tbe part of Hiram S. Brotherton was a question of fact for tbe jury to determine, and not for tbe court. {Dolby v. Tingley, 9 Neb., 417; Grant v.…
1Opinion of the Court
IltVIXE, C.
This was an action under chapter 21, Compiled Statutes, by Abigail A. Brotherton, as administratrix of her son, Hiram Brotherton, to recover damages on account of the death of her intestate, alleged to have been caused by the defendant’s negligence. At the. close of the evidence the district court directed the jury to return a verdict for the defendant. The correctness of this instruction is presented for review.
The evidence discloses that Brotherton, a youth seventeen years of age, together with one Campion, a youth of about the same age, both residing in Omaha, went together on…
2Cases cited1 opinion
- Foxworthy v. City of HastingsNebraska Supreme Court · 1888
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- City of Evansville v. BlueIndiana Supreme Court · 1937
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